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