IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Jail Appeal No. 03 of 2019

Appellant: Afaq Zafar through Miss Sadia Khatoon advocate

The State: Through Mr. Faheem Hussain Panhwar, Deputy Prosecutor General Sindh

Date of hearing: 12.10.2022

Date of judgment: 12.10.2022

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 their common intention caused fire shot injuries to his mother Mst. Nusrat Bibi and his maternal uncle Mukhtiar Pervez with intention to commit their murder, eventually Mukhtiar Pervez died of such injuries, for that the present case was registered.

2. After conclusion of the trial, the appellant was convicted under Section 302(b) PPC and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.50,000/- and in default whereof to undergo simple imprisonment for 06 months; he was further convicted under Section 324 PPC and sentenced to undergo rigorous imprisonment for 07 years and to pay fine of Rs.10,000/- and in default whereof to undergo simple imprisonment for 03 months with benefit of section 382(b) Cr.P.C by learned IV-Additional Sessions Judge, Karachi East vide judgment dated 28.11.2018, which is impugned by the appellant before this Court by preferring the instant appeal from jail.

3. At the very outset, it is pointed out by learned counsel for the appellant and learned DPG for the state that evidence of P.Ws Ufaq Zafar and Dr. Muhammad Tayyab, recorded in earlier round of litigation against Mst. Tanveer Bano has been copied and used against the appellant by way of pasting, which is against the spirit contained by Section 353 Cr.P.C, which calls for recording of evidence of the witnesses in presence of the accused. By pointing out so, they suggested for remand of the case for recording evidence of the above named witnesses in presence of accused and in accordance with law.

4. In view of above, the impugned judgment to the extent of the appellant is set aside with direction to learned trial Court to call and examine the above named witnesses in presence of the appellant and then to make disposal of the case afresh in accordance with law, preferably within 03 months.

5. Instant jail appeal is disposed of accordingly.

JUDGE