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

ARBROHI