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