IN THE HIGH COURT OF SINDH, BENCH AT
SUKKUR
Criminal Jail Appeal No. S – 43 of 2014
Appellant : Imam Dino S/o Muhammad Bux Mirjat
through Mr. Shamsuddin Rajper,
Advocate
Respondent : The
State, through Syed Sardar Ali Shah
Deputy
Prosecutor General
Date
of hearing : 22.04.2019
Date
of decision: 22.04.2019
JUDGMENT
IRSHAD ALI SHAH,
J:- The appellant by way of instant Criminal Jail
Appeals has impugned judgment dated 27.05.2014 passed by learned 2nd
Additional Sessions Judge, Khairpur, whereby he for an offence punishable u/s 302(b) PPC for having
committed Qatl-e-Amd of Ghulam Hussain by causing him
hatchet blows was convicted and sentenced to undergo imprisonment for life and
to pay fine of Rs.100,000/- and in case of his failure to make payment of fine
to undergo simple imprisonment for six months.
2. At the very
outset, it is contended by learned DPG for the State that no question was put
to the appellant with regard to recovery of hatchet and report of Chemical
Examiner, during course of his examination u/s 342 Cr.P.C.
By contending so, he sought for remand of the matter to learned trial Court
with direction to rewrite the judgment after recording statement of the
appellant u/s 342 Cr.P.C.
3. Learned counsel for the
appellant in first instance by referring to few infirmities and omission in the
impugned judgment sought for acquittal of the appellant, but subsequently
consented for remand of the matter for rewriting of the judgment as suggested by
learned DPG for the State.
4. I have considered the
arguments and perused the record.
5. It is the case of the
prosecution that on arrest from the appellant was secured incriminating hatchet
and it was also subjected to chemical examination together with the clothes of
the deceased. No such question has been put to the appellant for his
explanation to such circumstances at the time of recording his statement under
section 342 Cr.P.C, such omission as such could not
be lost sight of and same apparently has rendered the impugned judgment to be
illegal. It is set-aside with direction to learned trial Court to rewrite the
same after recording statement of the appellant u/s 342 Cr.P.C
afresh, preferably within two months time.
6. Instant Criminal Jail Appeal
is disposed of in the above terms.
Judge