IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Appeal No. 37 of 2019

Appellant: Muhammad Rasool Khan @ Muhammad Hussain through Mr. Ajab Khan Khattak advocate

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

Complainant: Muhammad Naveed-ul-Islam in person

Date of hearing: 13.10.2022

Date of judgment: 13.10.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is alleged that the appellant with rest of the culprits during course of robbery, on resistance, caused murder of Zahoor-ul-Islam by causing him fire shot injuries, for that he was booked and reported upon. After due trial, he was convicted u/s 302(b) PPC and sentenced to undergo life imprisonment and to pay compensation of Rs.200,000/- to the legal heirs of the deceased and in default whereof to undergo simple imprisonment for 06 months; he was further convicted under Section 397 PPC and sentenced to undergo imprisonment for 07 years with fine of Rs.10,000/- and in default whereof to undergo simple imprisonment for 02 months; all the sentences were directed to run concurrently with benefit of section 382(b) Cr.P.C, by learned II-Additional Sessions Judge, Karachi East, vide judgment dated 20.12.2018, 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 that the appellant allegedly was apprehended at the spot in injured condition and from him was secured unlicensed pistol of 30 bore, subsequently, he was referred to Hospital for examination of his injuries, treatment and certificate; neither the medical officer, who examined the injuries of the appellant has been examined by the prosecution nor the appellant has been confronted with the recovery of pistol and report of FSL during course of his examination under Section 342 Cr.P.C. In that way, the appellant has been prejudiced in his defence seriously. By pointing out so, he suggested for remand of the matter for fair trial, which is not opposed by learned DPG for the State, who is assisted by complainant Naveed-ul-Islam.

3. The suggestion advanced by learned counsel for the appellant takes support from the record, consequently, the impugned judgment is set aside with direction to learned trial Court to call and examine the medical officer, who examined the injuries of the appellant and then to record the statement of the appellant under Section 342 Cr.P.C afresh confronting him entire evidence and then to make disposal of the case in accordance with law, preferably within 03 months.

4. Instant appeal is disposed of accordingly.

JUDGE