IN THE HIGH COURT OF SINDH, AT KARACHI
Criminal Appeal No. 502 of 2021
Appellant: Imtiaz
Ali through Mr. Wazir Hussain Khoso advocate
The State: Through
Mr. Khadim Hussain, Additional Prosecutor General Sindh
Date of hearing: 28.09.2022
Date of judgment: 28.09.2022
J U D G M E N T
IRSHAD ALI SHAH,
J-
It is alleged that the appellant with rest of the culprits in furtherance of
common intention, committed death of Nasrullah by causing him knife injuries,
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
imprisonment for life and to pay fine of Rs.100,000/- to the legal heirs of the
deceased as compensation with benefit of section 382-B Cr.P.C by learned
Additional Sessions Judge-I/MCTC/Juvenile Court, Thatta vide judgment dated
10.08.2021 which is impugned by the appellant before this Court by preferring
the instant 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 plea of the appellant is lying blank,
which prima facie suggests that the charge was not read over and explained to
the appellant and by that act, the appellant has been prejudiced in his defence
seriously by learned trial Court. By pointing out so, they suggested for remand
of the case for denovo trial.
3. The suggestion advanced by learned
counsel for the parties takes support from record, therefore, the conviction
and sentence awarded to the appellant by way of impugned judgment are set aside
with direction to learned trial Court to frame the charge against the appellant
afresh, explain and read over the same to him and then to record his plea and thereafter
proceed with the case afresh and make disposal of the case in accordance with
law expeditiously within three months after receipt of copy of this judgment
under intimation to this Court.
4. The instant appeal is disposed of
accordingly.
JUDGE