JUDGMENT SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT COURT, LARKANA

  Criminal Appeal No.S-95 of 2019

DATE                          ORDER WITH SIGNATURE OF JUDGE

For hearing of main case.

07.02.2022.

Mr. Habibullah Ghouri, Advocate for the appellant.

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

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IRSHAD ALI SHAH, J.- The facts in brief necessary for disposal of instant criminal appeal are that the appellant for being in possession of an unlicensed T.T Pistol, allegedly used by him for committing murder of Shah Muhammad, was convicted under section 23(i)(a) of Sindh Arms Act, 2013 and sentenced to undergo R.I for seven years with fine of Rs.30,000/- and in default whereof to undergo S.I for two months, by learned 1^st Additional Sessions Judge, Kandhkot, vide judgment dated 10.10.2019, which is impugned by the appellant before this Court by preferring the instant criminal appeal.

                        At the very outset, it is pointed out by learned counsel for the appellant and learned Addl.P.G for the State that evidence of I.O/SIP Muhammad Hassan recorded in main murder case has been brought on the file of this case and on the basis whereof, the appellant has been convicted and sentenced accordingly, which is against the spirit of natural justice. By contending so, they sought for remand of the case to learned trial Court for recording evidence of SIO/SIP Muhammad Hassan independently.

                        I have considered the above arguments and perused the record.

                        The evidence recorded in one case could not be used in other case; it is contrary to the mandate contained by Article 10-A of Constitution of Islamic Republic of Pakistan, 1973, which prescribes the right of fair trial.

                        In case of Nur Elahi Vs. The State (PLD 1966 Supreme Court-708),   one of member of the Bench (B.Z.Kaikaus) has observed that;

“The law is that every criminal proceeding (and in fact every civil proceeding) is to be decided on the material on record of that proceeding and neither the record of another case nor any finding recorded therein should affect the decision. If the Court takes into consideration evidence recorded in another case of finding recorded therein the judgment is vitiated”.

                        In view of above, the impugned judgment is set aside with direction to learned trial Court to record evidence of I.O/SIP Muhammad Hassan in present case independently and then to proceed with it afresh in accordance with law.

                        The instant criminal appeal is disposed of accordingly.

                       JUDGE