IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Jail Appeal No. 08 of 2020

Appellant: Abdul Majeed through Mr. Iftikhar Ahmed Shah advocate

The State: Through Ms. Seema Zaidi, Additional Prosecutor General Sindh

Date of hearing: 21.09.2022

Date of judgment: 21.09.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is the case of prosecution that the appellant with one more culprit in furtherance of their common intention committed murder of his maternal uncle Ahad by causing him fire shot injury, for that he was booked and reported upon. After due trial, he was convicted under section 302(b) PPC and sentenced to undergo imprisonment for life and to pay compensation of Rs.50,000/- to the legal heirs of the deceased and in default whereof to undergo simple imprisonment for 06 months with benefit of section 382-B Cr.P.C by learned Additional Sessions Judge-I, Karachi East vide judgment dated 11.11.2019, which is impugned by the appellant before this Court by preferring the instant jail Appeal.

2. At the very outset, it is pointed out by learned counsel for the appellant and learned Addl. P.G for the State that the evidence of star witness P.W Muhammad Alam has been recorded by learned trial Court in absence counsel for the appellant, which is contrary to the mandate contained by Circular 6 of Chapter VI of Federal Capital and Sindh Civil Court Circulars, which prescribes trial of such like cases in presence of counsel for the accused. By pointing out so, they suggested for remand of the matter to learned trial Court for recalling and re-examining P.W Muhammad Alam in accordance with law. In support of their suggestion, they relied upon case of Bashir Ahmed vs. The State (SBLR 2021 Sindh 112), wherein, 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…”

3. The suggestion so advanced by learned counsel for the parties takes support from the record, therefore, the impugned judgment is set aside with direction to learned trial Court to recall and re-examine P.W Muhammad Alam as prescribed by law and then to dispose of the very case afresh in accordance with law, preferably within three months after receipt of copy of this judgment under intimation to this Court.

4. Instant jail appeal is disposed of accordingly.

JUDGE