2010 P Cr (PLP)

MS. RUKHSANA AHMAD, J.

The appellants Counsel does not press the present appeals on merits and pray that they would be satisfied if the quantum of punishment under the impugned judgment is reduced from life imprisonment and fine of Rs.50,000 to that of already undergone. Mr. Shahid Ahmed Shaikh, Additional Prosecutor-General has no objection if the sentence awarded to the appellant is reduced to one already undergone. The appellants were charged for committing murder of deceased Asghar Ali and were convicted under section 302(b), P.P.C. by the impugned judgment. According to the Jail Roll, the Appellant No.1 Lachman has served substantial period of his sentence 10 years, 6 months and 3 days and the remission earned by the appellant Lachman is 9 years and 3 days. His unexpired period of sentence is 7 years, 5 months and 24 days with fine. In this manner, he has served the sentence of 19 years, 6 months and 6 days as on 6-3-2010, while appellant No.2 Chetan has served substantial period of his sentence 9 years, 11 months and 12 days and the remission earned by the appellant Chetan is 8 years, 10 months and 5 days. His unexpired period of sentence is 8 years, 2 months and 13 days with fine. In this manner, appellant Chetan has served the sentence of 18 years 9 months and 17 days as on 16-7-2009 and thereafter on medical ground he was released on bail by this Court vide order dated 17-7-2009. The appellants are first offenders and have not been shown to be involved previously in any offence and have shown repentance, as they are only bread-earner of their families. In the case of Niazuddin v. State 2007 SCMR 206, wherein the Honourable apex Court was pleased to reduce sentence of a convict from 10 years for possessing five kilograms of heroin to six years. It is a matter of common knowledge that there is a lot of difference between Charas and heroin. Heroin is much more costly and more injurious than Charas. I am also fortified with the unreported judgment dated 29-10-2009 passed by a Division Bench of this Court comprising of Amir Hani Muslim and Ahmed Ali Shaikh,-JJ in Criminal Appeal No.68 of 2006 and Criminal Jail Appeal No.74 of 2006, whereby in a murder case, reduced the sentence of appellant from life imprisonment to that of one already undergone. In the peculiar circumstances of the instant case where the appellants are young men of 24 years and have almost completed 19 and 17 years out of 25 years, have contacted various diseases in jail and have learnt their lesson by showing repentance and undertaking not to repeat the offence, deserves leniency and reduction in sentence. I, therefore, in the given circumstances, while dismissing this Criminal Appeal No.S-65 of 2006 along with Criminal Jail Appeal No.S-75 of 2006 against the conviction as not pressed, alter the sentence to the imprisonment, which appellants have already undergone and remit the fine. The appellant No.1 Lachman may be released forthwith if not required in any other case, while appellant No.2 Chetan is stated to be on bail, his bail bond in cancelled and surety stands discharged. H.B.T./L-2/K Sentence reduced.