ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

 

Cr.Appeal.No.S-  179  of 2007

Cr.Jail Appeal No.S-185 of 2007

 

DATE                                     ORDER WITH SIGNATURE OF JUDGE

           

 

15.11.2010

 

Appellants produced in custody.

Mr. Qurban Ali Bhutto, Advocate for appellants.

Syed Meeral Shah, D.P.G for the State.

                                    =

Upon perusal of impugned judgment dated 31.7.2007, it appears that same has been passed in violation of Section 367(2) Cr.P.C as neither the offence in which accused/appellants have been convicted nor the relevant Section of Pakistan Penal Code or other law is mentioned.

From the perusal of Section 367(2) Cr.P.C, it appears that while passing the impugned judgment, the trial Court was required to specify the offence for which and the relevant Section of P.P.C or other law under which the accused is convicted.

Learned State Counsel also conceded the illegality in the impugned judgment.

In view of above, impugned judgment is set aside. Matter is remanded back to the trial Court to pass a fresh judgment in accordance with the provisions of Section 367 Cr.P.C. This exercise shall be completed within two months.

Both the appeals stand disposed of in the above terms.    

                                                                                               

 

 

                                                                                                            JUDGE

 

 

Tufail