PLJ 2020 Cr.C. (Note) 6
Criminal Procedure Code, 1898 (V of 1898)--
----Ss. 265-H(ii) & 410--Criminal appeal--Conviction and sentence--Challenge to--Modification and alteration in sentence-- According to the jail roll of appellants issued by the Senior Superintendent, Central Prison, Karachi the appellants had remained in jail nine years and nine days; appellants have earned remissions two years, eleven months and nine days; appellants have served out sentence including remissions eleven years, eleven months and eighteen days--According to the jail roll of appellant that the appellant had remained in jail Eight years, eleven months and seventeen days; appellant had earned remissions four years, eight months and twenty nine days, appellant had served out sentence including remissions thirteen years, Eight months and sixteen days--According to the jail roll of appellant had remained in jail eight years, eleven months and seventeen days; appellant had earned remissions three years-and four days; appellant had served out sentence including remissions eleven years, eleven months and twenty one days--In a case reported the Hon’ble Supreme Court was please to reduce the sentence from imprisonment of ten years to six years--Appeal was dismissed. [Para 6] A
2007 SCMR 206; 2008 SCMR 670.
Mr. Tahir-Ur-Rehan Tanoli, Advocate Appellant.
Seema Zaidi APG, for State.
Date of hearing: 3.5.2017
PLJ 2020 Cr.C. (Note) 6
[Sindh High Court, Karachi]
Present: Aftab Ahmed Gorar, J.
MUHAMMAD FEROZE KHAN--Appellant
versus
STATE--Respondent
Crl. A. Nos. 131, 132 and 133 of 2010, decided on 3.5.2017.
Judgment
Appellants Muhammad Atiq s/o Muhammad Bashir, Shahzaib s/o Saleem Ahmed, Muhammad Feroze Khan s/o Muhammad Dawood Khan and Muhammad Zeeshan @ Joni s/o Muhammad Jameel were found guilty of committing murder and dacoity whereby vide judgment dated 23.01.2010 passed in Session Case No. 81 of 2008 arising out of Crime No. 40 of 2008 of Police Station Bilal Colony, Karachi under Section 302, 392, 397 & 34 PPC. Appellants were convicted by the learned IInd-Additional Session Judge, Central-Karachi and convicted the appellants under Section 265-H(2) Cr.PC to suffer imprisonment for life and to pay compensation of Rs. 100,000/= each and in case of non-payment of compensation they will suffer simple imprisonment for six months more. If amount of compensation received is to be given to the legal heirs of deceased Kishwar Naz, appellants were also extended benefit of Section 382(B) Cr.P.C. Appellants were also convicted for the offence punishable under Section 392/34 PPC and sentenced them to suffer imprisonment for seven years and to pay compensation of Rs.50,000/= each and in case of non-payment of compensation they will suffer simple imprisonment for six months more. If amount of compensation received is to be given to the legal heirs of deceased Kishwar Naz appellants were also extended benefit of Section 382(B) Cr.P.C.
2. The learned trial Court recorded the evidence of PW-1 Zahid Gul at Ex.3, PW-2 Aftab Gul at Ex.4, PW-3 Mst. Erum at Ex.5, PW-4 Hafiz Khan Muhammad at Ex.6, PW-5 Wahid Gul at Ex.7, PW-6 Ghulam Shabbir at Ex.8, PW-7 Rahimuddin at Ex.10, PW-8 Khushi Muhammad Sr.Civil Judge at Ex.11, PW-9 Dr. Zakia Khurheed at Ex.12, PW-10 SIP Muhammad Arif at Ex.13, PW-11 Dr. Syed Mazharuddin at Ex.14, PW-12 SIP Ahmed Bakhsh at Ex.15; and on the basis of such evidence found the appellants guilty and sentenced the appellants as above.
3. Learned counsel for the appellants before arguing the appeal on merits at the very out set submits that appellants will not press the instant appeal in case if while maintaining conviction and sentence awarded to the appellants is reduced to one already undergone, as the appellants remained in jail more than fourteen years.
4. Heard.
5. The learned APG keeping in view of the fact that the appellants have served out sufficient imprisonment concedes the request made by the learned counsel for the appellants.
6. According to the jail roll dated 27.03.2017 the appellants Muhammad Atiq son of Bashir Ahemd and Shahzaib son of Saleem Ahmed issued by the Senior Superintendent, Central Prison, Karachi the appellants had remained in jail Nine years and nine days; appellants have earned remissions two years, eleven months and nine days; appellants have served out sentence including remissions eleven years, eleven months and eighteen days. According to the jail roll of appellant Muhammad Feroz Khan appellant had remained in jail Eight years, Eleven months and seventeen days; appellant had earned remissions four years, eight months and twenty nine days, appellant had served out sentence including remissions thirteen years, Eight months and sixteen days. According to the jail roll of appellant Muhammad Zeeshan alias Joni had remained in jail eight years, eleven months and seventeen days; appellant had earned remissions three years-and four days; appellant had served out sentence including remissions eleven years, eleven months and twenty one days. In a case reported as Niazuddin’s vs. the State reported in 2007 S.C.M.R Page 206, the Hon’ble Supreme Court was please to reduce the sentence from imprisonment of ten years to six years. In the case of Gul Naseeb vs. The State reported in 2008 S.C.M.R page 670, Hon’ble Supreme Court reduced the sentence from imprisonment for life to ten years.
7. In such circumstances, in my opinion the appellants have suffered adequate punishment; and the ends of justice has been satisfied. Accordingly the appeals against conviction are dismissed as not pressed and the sentence awarded to the appellants is altered into imprisonment which appellants have already undergone and fine stands remitted. The appellants are directed to be released forthwith if they are no more required in any other case.
Appeal stands dismissed with the above modification.
(A.A.K.) Appeal dismissed
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