IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Spl.Anti.Terr. Jail Appeal No. D – 210 of 2017

 

                                                Before;

                                                                      Mr. Justice Zafar Ahmed Rajput,

                                                                      Mr. Justice Irshad Ali Shah

 

Appellants:              1. Ghulam Murtaza son of Dodo Khan Rajper.

2. Illahi Bux son of Muhammad Saleh Rajper.

 

Through M/s A.R Faruq Pirzaza and Irshad Hussain Dharejo, Advocates.

 

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 appellants 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, the appellants and co-accused Ali Fakir @ Ali Muhammad and Zaffar Ali were convicted u/s 148 PPC and sentenced to undergo Rigorous Imprisonment for 03 years. In addition to such sentence, the appellants were convicted u/s 302, 149 PPC r/w Section 7 (i)(a) of Anti-Terrorism Act, 1997 sentenced to undergo Imprisonment for life and to pay compensation Rs. 200,000/- each to the legal heirs of the deceased and in default whereof to undergo Simple Imprisonment for 01 years with benefit of section 382 (b) Cr.P.C by Judge, Anti-Terrorism Court, Naushahro Feroze vide judgment dated 24-11-2017, which is impugned by the appellants before this Court by preferring the instant appeal from jail.

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 to acquittal or conviction of the appellants for having made demand for Bhatta, 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 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 out 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 appellants 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 on the basis of evidence brought on record.

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

 

                                                                                       J U D G E

 

                                                             J U D G E                                              

 

Nasim/P.A