IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Appeal No. 214 of 2022

Before;

Mr. Justice Irshad Ali Shah

Appellants: Uris Chang through M/s. M.A.Kazi and Irshad Ahmed Jatoi advocates

The State: Through Mr. Khadim Hussain, Additional Prosecutor General Sindh

Date of hearing: 17.11.2022

Date of judgment: 17.11.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is alleged that the appellant with rest of the culprits after having formed an unlawful assembly and in prosecution of its common object, not only committed murder of Abdul Sattar by causing him fire shot injuries, but caused fire shot injuries to P.W Abdul Salam with intention to commit his murder too, for that the present case was registered. On conclusion of trial, co-accused Muhammad Khan, Aslam, Muhammad Hanif and Ali were acquitted while the appellant was convicted u/s 302(b) PPC as Tazir and sentenced to undergo rigorous imprisonment for life and to pay compensation of Rs.100,000/- to the legal heirs of the deceased and default whereof to undergo simple imprisonment for 06 months with benefit of section 382(b) Cr.P.C by learned I-Additional Sessions Judge/MCTC Thatta vide judgment dated 08.03.2022, which is impugned by the appellant before this Court by preferring the instant appeal.

2. At the very outset, it is pointed out by learned Addl. P.G for the State that together with the murder of the deceased the appellant was also charged for causing fire shot injuries to P.W Abdul Salam with intention to commit his murder too. In the impugned judgment, such point for determination was also framed and answered in affirmative yet no punishment for causing injuries to P.W Abdul Salam with intention to commit his murder has been recorded by learned trial Court, which has rendered the very judgment to be illegal in terms of section 367 Cr.P.C. By pointing out so, he suggested for remand of the case for rewriting of the judgment, which learned counsel for the appellant is not able to controvert.

3. In case of Abdul Ghafoor and others vs. The State and others (2020 P.Cr.L.J 1286), it has been held by Division Bench of Lahore High Court that;

“………It is noticed that in the impugned judgment dated 20.03.2017 the learned trial court convicted Abdul Ghafoor and Noor Ahmed (appellants) under section 302(b), P.P.C. and awarded them death sentence and imprisonment for life respectively. Similarly, they were also convicted under section 148/149, P.P.C. and sentenced to undergo rigorous imprisonment for two years. We have observed that charge against the appellants though was also framed under sections 324, 337-A(i), 337-F(i) and 337-F(iii), P.P.C. on 25.10.2014, however, the judgment impugned herein is silent qua the acquittal or conviction of Abdul Ghafoor and Noor Ahmad (appellants) in these sections. As a necessary corollary it is held that the impugned judgment dated 20.03.2017 is against the mandate of section 367, Cr.P.C……..”

4. In view of above, the impugned judgment only to the extent of the appellant is set aside with direction to learned trial Court to rewrite the same, independently without being influenced, by earlier findings, after hearing to all the concerned and to complete such exercise within two months, after receipt of copy of this judgment.

5. Instant appeal is disposed of accordingly.

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JUDGE