2011 PLP 1348 (YLR)

GHULAM SARWAR KORAI, J.

On 19-8-1993 at about 630 hours F.I.R. No. 159 of 93 was registered at P.S. A Section Larkana of the incident which allegedly took place on the same date at about 4-30 hours by one Syed Deeder Hussain Shah for the murder of Nazar Hussain Shah against Nazir, Suhno and Lal Bux. This incident was allegedly witnessed by Shabir Shah, Fida Hussain Shah and Nazeer Hussain Shah. After registration of F.I.R. of three nominated accused with the role were let-off by the police and subsequently appellant was arrested, his confessional statement was allegedly recorded, case was tried and appellant was convicted and sentenced for offence punishable under section 302(b), Cr.P.C. for life imprisonment and compensation of Rs.50,000 to be paid to the legal heirs of the deceased Nazar Hussain Shah in case of default thereof, same was ordered to be recovered as arrears of land revenue and if it is not possible the appellant was ordered to suffer R.I. for six months more. The appellant was also found guilty for offence punishable under section 404, P.P.C., therefore, he was convicted and sentenced R.I. for three years and fine of Rs.5,000 in case of default of payment of fine R.I. for six months. Both the sentences were ordered to run concurrently. He was also extended benefit of section 382-B, Cr.P.C. During proceedings the co. accused named in the F.I.R. with role were tried and acquitted vide judgment dated 21-4-2001. While the case against the 21 Present appellant was kept on dormant file as during proceedings he absconded. While he again arrested and the case was proceeded, the evidence of the witnesses were recorded and the present appellant was convicted as stated above. On the request of the appellant jail roll was called, same was sent by Superintendent. Central Prison Larkana vide his letter No.12345 dated 9-10-2009 and according to him the appellant served out sentence 12 years one month and 2 days while 8 years 7 months and 6 days have earned as remission up to 6-10-2009. From the facts and circumstances of the case if the same may be believed in toto then the period for which appellant was in jail is sufficient for his conviction, therefore, I dismiss this criminal jail appeal but reduce the sentence which he has already undergone, so also set aside the fine of Rs.50,000 and 5000 in my short order dated 17-12-2009 and these are the reasons of the above, which are reproduced as under:-- "17-12-2009. Appellant is produced in custody. Mr.Nisar Ahmed G.Abro. advocate for the appellant. Mr. Naimatullah Bhurgri, State counsel. For the reasons to by recorded later on, I convert the conviction and sentence of the appellant for offence punishable under section 302(b), P.P.C. to 302(c), P.P.C. and convict him for imprisonment for which he has already undergone as according to jail roll sent by Superintendent, Central Prison, Larkana vide his letter No.12345, dated 6-10-2009 appellant has served out 12 years 1 month and 2 days while 8 years 7 months and 6 days have earned as remission up to 6-10-2009. I set aside fine of Rs.50,000 awarded to him in addition to life imprisonment so also I set aside fine of Rs.5000 awarded to him in addition to punishment under sections 504, 452, P.P.C." H.B.T./G-15/K Order accordingly.