Criminal Appeal 92/2023 (S.B.) Sindh High Court, Circuit at Larkana

Sindh High Court · 2026 · Before Riazat Ali Sahar

1 to 4. Appellants namely, (1) Waqar Ahmed son of Allah Wadhayo, (2) Muhammad Hanif son of Allah Wasayo, (3) Allah Warayo son of Nawab, (4) Ahmed Khan son of Piyaro and (5) Haroon son of Ghulam Hussain, were charged and tried by the learned 4th Additional Sessions Judge, Shikarpur, in Sessions Case No.517 of 2022, arising out of F.I.R No.101/2022 registered at Police Station New Foujdari, for offences punishable under sections 324, 506/2, 114, 148 and 149, PPC. Upon conclusion of the trial, the learned trial Court convicted and sentenced the appellants as under: Accused Waqar Ahmed was held to have shared common intention by instigating the principal accused, namely absconding accused Manzoor Ahmed, who on such instigation allegedly fired upon injured Ghulam Rasool and caused him injuries. Accordingly, appellant Waqar Ahmed son of Allah Wadhayo Kandhar was convicted under section 324 read with section 114, PPC and sentenced to suffer R.I for five years with fine of Rs.25,000/-, and in case of default in payment of fine, to further undergo S.I for three months. The remaining appellants namely Muhammad Hanif son of Allah Wasayo, Allah Warayo son of Nawab, Ahmed Khan son of Piyaro and Haroon son of Ghulam Hussain, all by caste Kandhar, were attributed the role of aerial firing and extending murderous threats. They were convicted under section 337-H(2), PPC and sentenced to suffer R.I for two years and further convicted under section 506/2, PPC and sentenced to suffer R.I for two years. Feeling aggrieved by the said judgment of conviction and sentence, the appellants preferred the instant appeal before this Court. During pendency of the appeal, the parties entered into compromise. Consequently, the appellants and injured victim/complainant Ghulam Rasool son of Muhammad Ayoob submitted their applications along with affidavits dated 23.01.2026, seeking permission to compound the offence and acquit the appellants in terms of the compromise. The injured/victim, in his application, stated that the matter has been amicably settled between the parties with the intervention of Nekmards and that he has forgiven the appellants in the name of Almighty Allah. He further stated that he does not claim any compensation, Arsh or Daman etc., and has no objection if the appellants namely Waqar Ahmed, Muhammad Hanif, Allah Warayo, Ahmed Khan and Haroon are acquitted by accepting the compromise. It is pertinent to mention that the complainant had also filed Criminal Revision Application seeking enhancement of the sentence awarded to the appellants. Today, the injured/victim, present in person, submits that since the matter has already been compromised and affidavits in this regard have been filed, he does not wish to proceed further with the revision application and seeks permission to withdraw the same. In view of the above circumstances, permission under section 345(5), Cr.P.C. to compound the offence is hereby accorded to the parties. Consequently, the compromise entered into between the parties is accepted and the appellants namely (1) Waqar Ahmed, (2) Muhammad Hanif, (3) Allah Warayo, (4) Ahmed Khan and (5) Haroon are acquitted under section 345(6), Cr.P.C.

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