JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Jail Appeal.No.S-04 of 2018.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of main case.

25.10.2021

                        Mr. Habibullah Ghouri, Advocate for the appellants.

Mr. Abdul Rehman A.Bhutto, Advocate for complainant.

Mr. Ali Anwar Kandhro, Addl. Prosecutor General for the State.

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IRSHAD ALI SHAH, J.- It is alleged that the appellants with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, committed murder of Zawar Hussain, by causing him fire shot injuries, for that they were booked and reported upon and after due trial, were convicted and sentenced under section 302 (b) PPC, to undergo rigorous imprisonment for life with fine of rupees fifty thousand each payable as compensation to the legal heirs of the said deceased. Besides this, they were also convicted and sentenced under section 148 PPC for having formed an unlawful assembly with fine of rupees fifty thousand each, by learned 3^rd Additional Sessions Judge, Shikarpur, vide judgment dated 09.01.2018, which is impugned by the appellants before this Court by preferring the instant criminal jail appeal.

2.                    At the very outset, it is contended by Addl.P.G for the State and learned counsel for the complainant that no question has been put to the appellants for their explanation on reports of Ballistic Expert and Chemical Examiner, during course of their examination under section 342 Cr.PC, thereby state/complainant has been deprived of fair trial by learned trial Court. By contending so, they sought for remand of the case for doing the needful.

3.                     Learned counsel for the appellants has opposed remand of the case by contending that FSL report has been brought on record in connected offshoot case for recovery of an unlicensed Kalashnikov and remanded of the matter would amount to fill-in the lacuna.

4.                     I have considered the above arguments and perused the record.

5.                     Admittedly, the empties secured from the place of incident and Kalashnikov secured from appellant Basar Jatoi, have been subjected to Ballistic Expert and such report being positive to some extent being corroborative piece of evidence has neither been brought on record in this case, nor any question with regard to it or report of Chemical Examiner has been put to any of the appellant for their explanation during course of their examination under section 342 Cr.PC, thereby, obviously the state/complainant has been denied right of fair trial by learned trial Court, which is guaranteed under Article 10-A of Constitution of Islamic Republic of Pakistan, 1973. The production of FSL report being corroborative piece of evidence, in some other case could not legally be used as evidence in the present case.

6.                     In view of above, the impugned judgment is set-aside with direction to learned trial Court to pass the same afresh, after making compliance of above said directions, preferably within three months, after receipt of copy of this judgment.

7.                     The instant criminal jail appeal is disposed of accordingly.

                                                                                    JUDGE