IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Appeal No. 813 of 2019

Appellant: Nazar Ali through Mr. Zulfiqar Ali Langah advocate

The State: Through Mr. Khadim Hussain, Additional Prosecutor General Sindh

Complainant: Ali Akber Khatti through Mr. Reham Ali Rind advocate

Date of hearing: 19.10.2022

Date of judgment: 19.10.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is the case of the prosecution that the appellant with rest of the culprits in furtherance of their common intention committed murder of Ataullah by causing him fire shot injury, for that they were booked and reported upon. After conclusion of trial, co-accused Mehran, Mehtab and Shoukat alias Shoki were acquitted, while appellant was convicted under Section 302(b) PPC and sentenced to undergo rigorous imprisonment for life as tazir 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 Additional Sessions Judge-I/MCTC, Thatta, vide judgment dated 29.10.2019, 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 parties that during appellant’s examination u/s 342 Cr.P.C, it was asked from him that I.O/SIP Rab Nawaz collected the blood stained clothes of the deceased, arrested him (the appellant) and secured from him the incriminating pistol, which is contrary to record as such exercise was performed by I.O/SIP Moula Bux, such omission being incurable u/s 537 Cr.P.C has occasioned in failure of justice. By pointing out so, they sought for remand of the case for recording appellant’s statement under Section 342 Cr.P.C afresh and in accordance with the material brought on record against him by the prosecution.

3. The suggestion takes support from the record, therefore, the impugned judgment only to the extent of the appellant is set aside with direction to learned trial Court to record the appellant’s statement under Section 342 Cr.P.C afresh confronting with him all the material brought against him by the prosecution in evidence and to have his reply thereon and to then to make disposal of the case in respect of appellant afresh in accordance with law; such exercise to be completed within 03 months after receipt of copy of this judgment.

4. The appellant was enjoying the concession of bail at trial, he may enjoy the same concession subject to his furnishing two sureties in the sum of Rs.200,000/- (Rupees Two Lacs) each and P.R bond in the like amount to the satisfaction of learned trial Court.

5. Instant appeal is disposed of accordingly.

JUDGE