Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 392/34---Appreciation of evidence---Reduction in sentence--­Complainant had resiled from his earlier statement and was declared hostile---Police witnesses, however, attempted to prove prosecution case---In any case, the quantum of sentence awarded to accused seemed to be little bit excessive and thus was not sustainable in all fairness--­Since accused had already undergone imprisonment for nearly six years, it would meet ends of justice, if sentence was altered and reduced to that extent---Joint submission put forward by counsel for accused and State appeared to be just and reasonable---Conviction of accused was upheld, but sentence awarded to accused by Trial Court was modified to the extent of imprisonment already undergone by him. JUDGMENT MUHAMMAD MOOSA K. LEGHARI, J.---This appeal is directed against the judgment dated 21st August. 2001, passed by learned Sessions Judge and Special Judge for STA. Larkana, in special Case No.394 of 1997 (new), Special Case No.90 of 1995(old), arising out of crime No.62 of 1995 of Police Station Haidri Larkana, whereby the appellants were convicted under section 392 r/w, Section 34 P. P. C. and sentenced to suffer R.I. for 10 years each and to pay fine of Rs.50,000 each. In case of default in payment of fine, the appellants were to suffer S.-I. for six months more. They were however, granted benefit under section 382(B), Cr.P.C. Precisely, the prosecution story as unfolded in the complaint lodged by complainant Ali Nawaz Brohi, on 4-10-1995, at 10.40 a.m., goes on to allege that the complainant used to ply the taxi owned by his brother: On the date of incident at about 10.15 a.m., three persons came and hired the taxi for proceeding to Naudero and boarded, disclosing their names as Nusrat Shah, Abdul Jabbar and Irshad Ali. When the car reached at Qaim Shah Road about 10.30 a.m., they stopped the car, by force pushed the complainant out of the car and drove the same towards Naudero Chowk. In the meanwhile SHO Nisar Ahmed Brohi alongwith his subordinate staff reached there in the police mobile and on the complaint of the complainant followed the culprits. Consequently, culprits were arrested…

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