IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Appeal No. 532 of 2019

Appellant: Ahsan Warsi through Mr. Muhammad Ilyas Awan advocate

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

Date of hearing: 15.09.2022

Date of judgment: 15.09.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is the case of prosecution that the appellant committed murder of Choudhry Muhammad Akram by causing him fire shot injuries and then caused fire shot injuries to complainant Muhammad Jamshed, his wife Mst. Rabia and his brother Muhammad Shoaib with intention to commit their murders too, for that he was booked and reported upon by the police. After due trial, he was found guilty for the above said offence and was convicted and sentenced accordingly to various terms of imprisonment, including fine/compensation by learned 1^st Additional Sessions Judge, Karachi East vide judgment dated 25.06.2019, which is impugned by him before this Court by way of instant appeal.

2. At the very outset it is stated by learned counsel for the appellant that the appellant was intending to examine DW Muhammad Akram but learned trial Court has abruptly announced the impugned judgment. By contending so, he sought for remand of the matter with direction to learned trial Court to call and examine DW Muhammad Akram which to meet the ends of justice, which is not opposed by learned Addl. P.G for the state.

3. Heard arguments and perused the record.

4. Admittedly, DW Muhammad Akram was named by the appellant in his statement recorded under Section 342 Cr.P.C, to be examined by him in his defence together with three more witnesses, such opportunity was to have been provided to him fairly. If the appellant was not going to examine above said witness in his defence then he was to have been asked to file such statement in writing. It was not done. In that situation, the appellant has been denied right of defence, which is contrary to the mandate contained by Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973, which prescribes right of fair trial.

5. In view of above, the impugned judgment is set aside with direction to learned trial Court to rewrite the same independently without being influenced by earlier findings, after recording evidence of DW Muhammad Akram, such exercise to be completed within 03 months after receipt of copy of this judgment positively under intimation to this court.

6. The instant appeal is disposed of accordingly.

JUDGE