ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Criminal Jail Appeal No.S-133 of 2019

Date of hearing

Order with signature of Judge

Before:

               Mr.Justice Irshad Ali Shah

For hearing of main case.

17.09.2020

M/S. Habibullah G. Ghouri & Suhendar Kumar Gemnani, Advocates for the appellants.

Complainant Khadim Hussain in person

Mr. Muhammad Noonari, Deputy Prosecutor General

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                        At the very outset, it is stated by learned D.P.G for the State with assistance of the complainant that on investigation, appellant Muhammad Younis alone was challaned by the police, on the basis of his confessional statement recorded by the Magistrate having jurisdiction, while rest of the accused (including co-appellants) were let-off by the police finding them to be innocent. At trial, PW Kashif Hussain was given up by the prosecution while PW Mr. Aamir Ali, the then 2^nd Civil Judge & Judicial Magistrate, Qamber, who recorded the confessional statement of appellant Muhammad Younis was not examined by the prosecution, and in absence of their evidence, it would be hard for him to defend the impugned judgment. By contending so, he sought for setting aside of the impugned judgment with direction to learned trial Court to examine PWs Kashif Hussain and Mr. Aamir Ali, the then 2^nd Civil Judge & Judicial Magistrate, Qamber, and then to dispose of the case afresh, in accordance with law.

                        Learned counsel for the appellants were fair enough to say that they would be having no objection, if the impugned judgment is set aside and case is remanded to learned trial Court to examine the witnesses who the prosecution is intending to examine, provided denovo trial of the case is ordered, as according to them, the very charge against the appellants is defective one and the same needs to be amended/altered.    

                        In view of above, with consent of learned counsel for the parties, the impugned judgment is set aside with direction to learned trial Court to examine the PWs, which the prosecution is intending to examine and then to dispose of the case afresh, in accordance with law.

                        Needless to state that if appellants are having feeling that the charge framed against them is defective one, then they may seek for its amendment/alteration by making an application under section 227 Cr.PC before learned trial Court. If such application is moved then it would be disposed of by learned trial Court in accordance with law.

                        The instant appeal is disposed of accordingly.

                                                                                                J U D G E