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