IN THE HIGH COURT OF SINDH, AT KARACHI
Criminal Jail Appeal No. 299 of 2021
Appellant: Malik
Nisar Ahmed through Mr. Habib-ur-Rehman Jiskani advocate
The State: Through
Ms. Seema Zaidi, Additional Prosecutor General Sindh
Date of hearing: 18.10.2022
Date of judgment: 18.10.2022
J U D G M E N T
IRSHAD ALI SHAH, J- It is the case of prosecution that appellant
caused hatchet injuries to his wife Mst. Nadia Parveen with intention to commit
her murder, thereby she lost three fingers of her left hand, for that he was
booked and reported upon. On conclusion of the trial, the appellant was found
guilty for the above said offence and was convicted and sentenced to various
terms of imprisonment spreading over 10 years with fine/daman/arsh by learned
V-Additional Sessions Judge, Malir, Karachi vide judgment dated 18.03.2021,
which is impugned by the appellant before
this Court by way of the instant jail appeal.
2. At the very outset, it is pointed out by
learned counsel for the appellant that the appellant has been convicted and sentenced
under Section 336 PPC, for which he was never charged, which has prejudiced the
appellant in his defence seriously and he has remained unrepresented at trial,
which is against the spirit of fair trial prescribed under Article 10-A of the
Constitution. By pointing out so, he suggested for remand of the case for
denovo trial after providing a counsel to the appellant on state expenses, if
he failed to engage counsel of his choice, which is not opposed by learned
Addl. P.G for the state.
3. The suggestion so advanced, takes
support from the record, consequently, the impugned judgment is set aside with
direction to learned trial Court to frame the charge against the appellant
afresh by considering entire accusation made against him and then to make
disposal of the case in accordance with law, preferably within 03 months after
receipt of copy of this judgment.
4. The instant jail appeal is disposed of
accordingly.
JUDGE