JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Jail Appeal.No.S-70 of 2016.

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DATE                                       ORDER  WITH  SIGNATURE  OF  HON’BLE  JUDGE

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For hearing of main case.

09.12.2021

                        Mr. Irfan Badar Abbasi, Advocate for the appellant.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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IRSHAD ALI SHAH, J.- It is the case of prosecution that the appellant together with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, committed murders of Mst.Zarina, Mst.Sanam and Mst.Samreen, by causing them fire shot injuries and then went away by causing fire shot injuries to PW Mst.Shanul with intention to commit her murder too and making fires in air to create harassment, for that the present case was registered.

                        On due trial, the appellant was found guilty for the above offence and was convicted and sentenced by learned trial Court in following terms;

“I convict him under section 265-H(ii) Cr.PC for offence punishable under section 302,324,337-H(ii), 148,149 PPC and sentence him to suffer imprisonment for life and fine of Rs.200,000/- (Two Lacs) to payable to legal heirs of deceased ladies and in case of failure to deposit the fine amount, the accused shall suffer two years more. The accused Ghulam Hyder alias Hyderi further sentenced under section 324 PPC and sentence him to suffer R.I for two years and pay Rs.100,000/- (One Lac) to injured Mst.Shanul and in case of default in fine amount he shall suffer S.I for one year.”

                        The perusal of record reveals that Dr.Quratul Ain, who conducted the postmortem reports on dead bodies of the deceased on amendment of the charge, was not recalled for re-examination, which was mandatory in terms of Section 231 Cr.PC; such omission has occasioned in failure of justice. It was a triple murder case; there is nothing in impugned judgment, which may suggest that the accused have been convicted and sentenced for triple murder; the conviction on proof of murder, if any, ought to have been on three counts; the appellant was also found guilty for offence punishable under section 337-H(ii) PPC and 148 PPC but no conviction for the said penal sections has been awarded to him, which is contrary to mandate contained by Section 367(1) Cr.PC, which prescribes that every judgment shall contain points for determination, decision thereon and reasons for such decision.

                        Learned counsel for the parties before the Court when were confronted with above omissions, were fair enough to say that those omissions could only be cured on remand of the case.

                        In view of above, the impugned judgment to the extent of the appellant is set-aside with direction to learned trial Court to recall and           re-examine medical officer Dr.Quratul Ain and then to proceed and decide the case afresh in accordance with law independently, without being influenced by the findings which have been recorded in earlier judgment.

                        The instant Criminal Jail Appeal is disposed of accordingly.

                       JUDGE