IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Criminal Appeal No.S-18 of 2020.

 

 

Appellants   :           1. Mithal Khan @ Ghulam Mustafa s/o Ali Khan.

                                    2. Noor Muhammad @ Shoukat Ali s/o Ghulam     

    Mustafa.

                                    3. Ghulam Murtaza son of Abdul Nabi.

                                    4. Mir Muhammad @ Mir s/o Noor Muhammad

                                         @ Shoukat Ali. All bycaste Lashari.

 

                        (Confined at Central Prison  Sukkur).

 

Through Mr. Ali Ahmed Khan, advocate.

 

The State     :           Through Mr. Zulfiquar Ali Jatoi, Additional                         Prosecutor General.

 

                                    Mr. Ghulam Murtaza Korai advocate for legal heirs of the deceased.

Date of hearing     :           24-05-2021.

Date of decision    :           24-05-2021.

 

JUDGMENT

 

IRSHAD ALI SHAH, J; The appellants for offence punishable U/S 302 (b) r/w section 149 PPC for committing murder of Mst. Arsana under the pretext of “Karap” on due trial were convicted and sentenced to undergo Rigorous imprisonment for life as “Tazir” with fine of Rs. 300,000/- each payable to legal heirs of the said deceased as compensation and in default whereof to undergo simple imprisonment for six month with benefit of section 382-B Cr.P.C by learned 3rd Additional Sessions Judge (MCTC-II) Sukkur vide his judgment dated 22-02-2020 which is impugned by the appellants before this Court by preferring the instant Crl. Appeal.

2.         At the very outset, it is stated by learned counsel for the appellants that none of them have been confronted with reports of chemical examiner and/or ballistic expert during course of their examination u/s 342 Cr.P.C by learned trial Court thereby they have been prejudiced in their defence seriously. By stating so, he sought for remand of the matter to learned trial Court with direction to record the statements of appellants u/s 342 Cr.P.C afresh and to dispose of the application for compounding the offence in accordance with law, if it is filed by the parties.  

3.         Learned APG for the State and learned counsel for the legal heirs of the said deceased recorded no objection to remand of the matter to learned trial Court provided the prosecution is permitted to examine PW Azhar and PW/Mashir PC Abdul Hakeem being material witnesses to the incident before proceeding further with the case, who according to them were mistakenly given up by the prosecution at trial.

4.        In view of above, the impugned judgment is set aside with direction to learned trial Court to provide chance to the prosecution to examine the above said witnesses, record statements of the appellants u/s 342 Cr.P.C afresh confronting them, all the circumstances appearing in evidence and then to pass fresh judgment in accordance with law, preferably within two months after receipt of copy of this judgment.

5.         Appellants Mithal Khan @ Ghulam Mustafa, Noor Muhammad @ Shoukat and Ghulam Murtaza were on bail at trial, they may enjoy the same concession subject to furnishing fresh surety in sum of Rs. 200,000/- each and P.R bond in the like amount to the satisfaction of learned trial Court.

6.        The instant Crl. Appeal is disposed of accordingly together with the listed applications for compounding the offence, as the those have become in-fructuous.

 

                                                                                                        JUDGE

                                                                                                             

Nasim/PA,