IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Appeal No. 303 of 2020

Criminal Jail Appeal No. 307 of 2020

Appellants: Hayat Shah @ Sheena, Taj Muhammad @ Qabu and Habibullah through Mr. Ajab Khan Khattak advocate

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

Date of hearing: 28.11.2022

Date of judgment: 28.11.2022

J U D G M E N T

IRSHAD ALI SHAH, J- The facts in brief necessary for disposal of instant appeals are that the appellants with rest of the culprits in furtherance of their common intention are alleged to have committed murder of Rustam Khan Jamali, for that they were booked and reported upon. On conclusion of trial, co-accused Kamran and Abdul Hafeez were acquitted, while the appellants were convicted and sentenced to undergo rigorous imprisonment for 20 years with fine of Rs.30,000/- each and in default whereof to undergo simple imprisonment for 06 months with benefit of section 382(b) Cr.P.C vide judgment dated 19.09.2015, by IV-Additional Sessions Judge, Karachi South, same on having been impugned was set aside by this Court on 13.03.2020 with direction to learned trial Court to correct the sentence under the law, consequently, the sentence was corrected and appellants were convicted under Section 302(b) PPC and sentenced to undergo life imprisonment and to pay fine of Rs.30,000/- each to the legal heirs of the deceased and in default whereof to undergo simple imprisonment for 03 months with benefit of section 382(b) Cr.P.C by learned trial Court vide judgment dated 09.04.2020, which is impugned by the appellants before this Court by preferring two separate appeals.

2. At the very outset, it is pointed out by learned counsel for the appellants and learned Addl. P.G for the state that on having impugned the judgment of learned trial Court was impliedly set aside by this Court with direction to learned trial Court, to correct the sentence, such correction was to have been made by recording fresh findings in terms of Section 367 Cr.P.C, which has not been done by learned trial Court, which has rendered the impugned judgment to be illegal which has prejudiced the rights of the appellants/state seriously. By pointing out so, they sought for remand of the case to learned trial Court to re-write the judgment by recording fresh findings independently as mandated by section 367 Cr.P.C.

3. Heard arguments and perused the record.

4. The suggestion advanced by the learned counsel for the parties takes support from the record; consequently, the impugned judgment is set aside with direction to learned trial Court to re-write the same afresh by recording fresh findings, strictly in terms of Section 367 Cr.P.C, preferably within 03 months after receipt of copy of this judgment.

5. The appellants are present in Court on bail, they to enjoy the same concession, subject to furnishing fresh surety in sum of Rs.100,000/- (Rupees One Lac) each and P.R bond in the like amount to the satisfaction of learned trial Court.

6. The instant appeals are disposed of accordingly.

JUDGE