JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Appeal.No.S-58 of 2021.

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DATE                                       ORDER  WITH  SIGNATURE  OF  HON’BLE  JUDGE

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For hearing of main case.

03.03.2022

M/S. Asif Ali Abdul Razzak Soomro, Muhammad Sachal Awan, Muzafar Ali Wadhio & Ahmed Bux Abro, Advocate(s)

for the appellants.

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 appellants with rest of the culprits, allegedly after having formed an unlawful assembly and in prosecution of their common object by committing trespass into house of complainant Shabir Ahmed, committed murder of Mst.Dadlan, his daughter-in-law by causing her fire shot injuries and then went away by insulting the complainant party and making fires in air to create harassment, for that they were booked and reported upon by the police.

2.                     On conclusion of the trial, the appellants were found guilty for the said offence and were convicted and sentenced to various terms of imprisonment spreading over life including fine/compensation, with benefit of Section 382-B Cr.PC, by learned 4^th Additional Sessions Judge/GBVC, Dadu, vide judgment dated 08.09.2021, which is impugned by the appellants before this Court by preferring the instant criminal appeal.

3.                     At the very outset, it is pointed out by learned counsel for the parties that after amendment of the charge, the evidence already recorded by learned trial Court was copied and pasted, which has prejudiced the appellants in its defence. By pointing out so, they sought for setting aside of the impugned judgment with direction to learned trial Court to record evidence of the complainant and his witnesses afresh in accordance with law.

4.                     Heard arguments and perused the record.

5.                     Apparently, after amendment of the charge, the evidence which was already recorded, has been copied and pasted, which is contrary to the mandate contained by Section 353 Cr.PC, which prescribes that evidence to be taken in presence of accused. By such omission, not only the appellants but the State/complainant has been prejudiced in its defence seriously. As per Article 4 of the Constitution of Islamic Republic of Pakistan, 1973, the rights of individuals are to be dealt with in accordance with law.      It is settled by now that the things are to be done as are prescribed by law,       if done otherwise, would be unlawful. In these circumstances, the impugned judgment could not be sustained; it is set aside with direction to learned trial Court to record evidence of the complainant and his witnesses afresh,            as prescribed by law and then to make the disposal of the case in accordance with law.

6.                     The appellants (excepting Ashique and Sono), who were enjoying the concession of bail at trial, may enjoy the same, subject to furnishing fresh surety in sum of Rs.100,000/- each and P.R bond in like amount to the satisfaction of learned trial Court.

7.                     The instant Criminal Appeal is disposed of accordingly.

                       JUDGE