IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Appeal No. 317 of 2019

  

                                                       

Appellant:                    Bilal Saleem through Mr. Iftikhar Ahmed Shah advocate

 

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

 

Date of hearing:           11.10.2022

 

Date of judgment:        11.10.2022

 

 

J U D G M E N T

 

IRSHAD ALI SHAH, J- It is the case of prosecution that the appellant with rest of the culprits in furtherance of their common intention committed murder of Sohail Abbas by causing him fire shot injuries, for that the present case was registered. On conclusion of the trial, the appellant was convicted under Section 302(b) PPC and sentenced to undergo rigorous imprisonment for life and to pay compensation of Rs.100,000/- 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 1st Additional Sessions Judge/ MCTC, Karachi South vide judgment dated 27.04.2019 which is impugned by the appellant before this Court by preferring the instant appeal.

2.       At the very outset, it is stated by the learned counsel for the appellant that during course of his examination u/s 342 Cr.P.C, the appellant named Zaheer Ahmed, Muhammad Yousuf, Yousuf Ahmed and Mst. Safia Saleem to be examined by him in his defence but learned trial Court announced the judgment against him abruptly without providing him a chance to examine the above named witnesses in his defence. By such act, the appellant has been prejudiced in his defence seriously which is against the principle of fair trial. By stating so, he suggested for remand of the case with direction to learned trial Court to call and examine the witnesses of the appellant in his defence, which is not opposed by learned DPG for the State.

3.       In view of above, the conviction and sentence awarded to the appellant by way of impugned judgment are set aside with direction to learned trial court to call and examine the defence witnesses of the appellant and then to dispose of the case afresh in accordance with law independently without being influenced by earlier findings, such exercise to be completed within 03 months.

4.       The instant appeal is disposed of accordingly.

 

                JUDGE