IN THE HIGH COURT OF SINDH, AT KARACHI
Criminal Appeal No. 47 of 2021
Criminal Appeal No. 49 of 2021
Appellants: Mst.
Syeda Aiman Jaffari and Syed Mazafar Abbas through M/s Muhammad Aslam Bhutta,
Saqib Nazeer, Khawaja Muhammad Azeem and Muteeullah Gondal advocates
The State: Through
Mr. Faheem Hussain Panhwar, Deputy Prosecutor General Sindh
Complainant: Muhammad
Akbar through Mr. Ghulam Hasnain advocate
Date of hearing: 24.11.2022
Date of judgment: 24.11.2022
J U D G M E N T
IRSHAD ALI SHAH, J- The appellants by way of instant appeals have
impugned judgment dated 11.07.2021 passed by learned I-Additional Sessions
Judge/ MCTC Malir Karachi, whereby, they allegedly in furtherance of their
common intention for committing murder of Muhammad Abbas by way of
strangulation, have been convicted and sentenced to undergo life imprisonment
and to pay compensation of Rs.500,000/- each to the legal heirs of the deceased
and in default whereof to undergo simple imprisonment for 06 months with
benefit of section 302(b) Cr.P.C.
2. At the very outset, it is pointed out by
learned counsel for the parties that the charge framed against the appellants does
not disclose the date, time and place of
the incident, which is to be disclosed mandatorily in terms of Section 221
Cr.P.C and it is not specified in impugned judgment as to for what penal
section the appellants are sentenced, which is to be disclosed mandatorily in
terms of Section 367 Cr.P.C; all these omissions being incurable in terms of Section
537 Cr.P.C have occasioned in failure of justice. By pointing out so, they
suggested for remand of the case for its denovo trial.
3. The suggestion advanced by learned
counsel for the parties, takes support from the record. Consequently, the
impugned judgment is set aside with direction to learned trial Court to frame
the charge against the appellants afresh and then to conduct denovo trial of
the case and to make its disposal expeditiously preferably within 03 months
after receipt of copy of this judgment.
4. The appellant Mst. Aiman Jaffery is
present in Court on bail, she may enjoy the same concession, subject to her
furnishing fresh surety in sum of Rs.100,000/- (Rupees One Lac Only) and P.R
bond in the like amount to the satisfaction of learned trial Court. Needless to
state that if appellant Muzaffar Abbas files an application under Section 497
Cr.P.C for his release on bail, then the same to be disposed of strictly on its
merits by learned trial Court.
5. The instant appeals are disposed of
accordingly.
JUDGE