IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Appeal No. 63 of 2017

Appellant: Muhammad Saeed through Ms. Abida Parveen Channer and Mr. Shamsher Khan advocates

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

Date of hearing: 30.08.2022

Date of judgment: 30.08.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is alleged that the appellant committed murder of his wife Mst. Rukiya by causing her fire shot injury, for that he was booked and reported upon. After due trial, he was convicted for an offence punishable under Section 302(b) PPC and sentenced to undergo rigorous imprisonment for life with benefit of section 382-B Cr.P.C, by learned IV-Additional Sessions Judge, Malir Karachi vide judgment dated 21.12.2016, which is impugned by the appellant before this Court by preferring the instant appeal.

2. On perusal, it transpired that at trial the examination in chief of I.Os ASI Muhammad Nasir Khan and SIP Rana Muhammad Munir has been recorded against the appellant in absence his counsel, it was contrary to the mandate contained by Circular 6 of Chapter VI of Federal Capital and Sindh Civil Court Circulars, for the reason it prescribes trial of such like cases in presence of counsel for the accused.

3. In the case of Bashir Ahmed vs. The State (SBLR 2021 Sindh 112), it has been held by Division Bench of this Court that;

“In the present case, trial court did not perform its functions diligently and recorded examination-in-chief of two witnesses named above in absence of the defence counsel by ignoring Article 10A of the Constitution of Islamic Republic of Pakistan, 1973, Section 340(1) Cr.P.C and Circular 6 of Chapter VI of Federal Capital and Sindh Courts Criminal Circulars. As such, the appellant was prejudiced in the trial and defence…”

4. Learned counsel for the parties when were confronted with the above were fair enough to say that such omissions could only be cured on remand of the case.

5. Since the case is old one, it is expected that it would be proceeded and disposed of by learned trial Court expeditiously preferably within three months after receipt of copy of this judgment under intimation to this Court.

6. In view of above, the impugned judgment is set aside with direction to learned trial Court to re-examine P.Ws/I.Os ASI Muhammad Nasir Khan and SIP Rana Muhammad Munir afresh in presence of learned counsel for the appellant and then to proceed with the case in accordance with law.

7. Instant appeal is disposed of accordingly.

JUDGE

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