IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Spl.Anti-Terr. Appeal No. D – 47 of 2019

Before;

Mr. Justice Zafar Ahmed Rajput,

Mr. Justice Irshad Ali Shah

Appellants: Sadique son of Mujan bycaste Rajper.

(Now confined in Central Prison Sukkur)

Through Mr. Bashir Ahmed Shar, Advocate.

Complainant: Through Mr. Safdar Ali Kanasro, Advocate.

The State: Through Mr. Zulfiquar Ali Jatoi, A.P.G.

Date of hearing: 16-02-2023.

Date of decision: 16-02-2023.

JUDGMENT

IRSHAD ALI SHAH, J. It is the case of the prosecution that the appellant with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object on account of failure of the complainant party to pay them Bhatta, not only committed murder of Abdul Waheed by causing him fire shot injuries, but also caused fire shot injuries to PW Waseem Ahmed with intention to commit his murder and then went away by making aerial firing to create harassment/terrorism and causing damage to the petrol pump of the complainant party, for that they were booked and reported upon. On conclusion of trial, co-accused Pervaiz, Asghar Ali alias Achhoo, Ismail and Zakir alias Anwer Ali were acquitted while the appellant was convicted u/s 7 (i) (c) of Anti-Terrorism Act, 1997 and sentenced to undergo Imprisonment for 10 years and to pay compensation of Rs. 30,000/- and in default whereof to undergo Simple Imprisonment for 03 months; he was further convicted u/s 334 PPC and sentenced to undergo Rigorous Imprisonment for 07 years; he was further convicted u/s 147 PPC and sentenced to undergo Rigorous Imprisonment for 02 years; all the sentenced were directed to run concurrently with benefit of section 382 (b) Cr.P.C by Judge, Anti-Terrorism Court, Naushahro Feroze vide judgment dated 21-03-2019, which is impugned by the appellant before this Court by preferring the instant appeal.

2. At the very outset, it is stated by learned counsel for the parties that the appellants were specifically charged for having formed an unlawful assembly; for committing murder of Abdul Waheed, causing fire shot injuries to PW Waseem Ahmed with intention to commit his murder, making aerial firing to create harassment/terrorism and causing damage to the petrol pump of the complainant party on account of its failure to pay Bhatta; the point for determination was also framed to such effect yet no finding with regard acquittal or conviction of the appellant for committing murder of the deceased, for having made demand for Bhatta, making aerial firing to create harassment/terrorism and causing damage to the petrol pump of the complainant party has been arrived at by learned trial Court, which is contrary to the mandate contained by section 367 Cr.P.C, which call for decision on every aspect of the point so framed for its determination with reasons. By pointing so, they suggested for remand of the case for rewriting of the judgment by learned trial Court after providing chance of hearing to all the concerned on its jurisdiction on the basis of evidence brought on record.

3. Heard arguments and perused the record.

4. The omissions pointed above by learned counsels for the parties are borne out of record, same being incurable in terms of section 537 Cr.P.C have occasioned in failure of justice. Consequently the impugned judgment only to the extent of appellant is set aside with direction to learned trial Court to rewrite the same after providing chance of hearing to all the concerned on point of its jurisdiction in accordance with law.

5. The instant Crl. Appeal is disposed of accordingly.

J U D G E

Nasim/P.A