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