THE HIGH COURT OF SINDH, AT KARACHI

Criminal Jail Appeal No. 380 of 2020

Appellant: Abdul Shakoor through Mr. Salahuddin Chandio advocate

The State: Through Ms. Rubina Qadir, Deputy Prosecutor General Sindh

Date of hearing: 04.10.2022

Date of judgment: 04.10.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is alleged that the appellant committed murder of Muhammad Saleem by causing him knife injuries, for that he was booked and reported upon. On conclusion of the trial, he was convicted under Section 302(b) PPC and was sentenced to undergo rigorous imprisonment for life as tazir with benefit of section 382-B Cr.P.C by VI-Additional Sessions Judge, Karachi East vide judgment dated 18.02.2017, 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 DPG for the State that the examination-in-chief of the material witnesses has been recorded in absence of 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 recording evidence of the witnesses afresh whose examination-in-chief has been recorded in absence of learned counsel for the appellant. 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 the witnesses whose examination-in-chief has been recorded in absence of learned counsel for the appellant and then to dispose of the 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