ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Criminal Appeal No.S-41 of 2019

Criminal Appeal No.S-50 of 2019

Date of hearing

Order with signature of Judge

  Before:

               Mr.Justice Irshad Ali Shah

                        For hearing of main case.

20.08.2020

Mr.Safdar Ali Bhutto, Advocate for appellant in Crl.Appeal No.41/2019

Mr.Ghulamullah Memon, Advocate for appellant in Crl.Appeal No.50/2019

Mr.Makhdhoom Syed Tahir Abbas Shah, Advocate for L.Rs of deceased

Mr. Muhammad Noonari, Deputy Prosecutor General

                        ~.~.~.~.~.~.~.~.~.~.~

                        At very outset, it is stated by learned counsel for the parties that this is second round of litigation. In earlier round of litigation, the judgment of conviction passed by learned trial Court was set aside by this Court vide judgment dated 21.11.2017, with direction to learned trial Court to provide chance to appellant Rajib Ali to cross examine the witnesses, who were examined in his absence. On remand, complainant Khan Muhammad, PW/HC Muhammad Azam Babar and PW/ASI Ghulam Mustafa were found to be dead. Consequently, learned trial Court without considering the evidence of complainant Khan Muhammad, PW/HC Muhammad Azam Babar and PW/ASI Ghulam Mustafa within mandate contained by Article 47 of Qanun-e-Shahadat Order, 1984, has passed the fresh judgment dated 18.06.2019. By contending so, they sought for remand of the case to learned trial Court once again to        re-write the judgment by considering the evidence of complainant Khan Muhammad, PW/HC Muhammad Azam Babar and PW/ASI Ghulam Mustafa, which is recorded in earlier round of litigation being available in record, in order to meet with ends of justice for both the parties.

                        In view of above, the impugned judgment is set aside with direction to learned trial Court to examine the possibility of consideration of evidence of complainant Khan Muhammad, PW/HC Muhammad Azam Babar and PW/ASI Ghulam Mustafa, which is available on record and then to re-write the judgment in accordance with law.

                        Needless to state that appellants Ghulam Mustafa, Ali Hassan, Haji Saffar and Ali Akbar were enjoying the concession of bail at trial, they may enjoy the same, subject to furnishing fresh surety to the satisfaction of learned trial Court.

                        Both the appeals stand disposed of accordingly a/w listed applications.

                                                                                                J U D G E