JUDGMENT SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Appeal No.S-83 of 2018

Crl.Revision Appln.No.S-53 of 2018

DATE                          ORDER WITH SIGNATURE OF JUDGE

For hearing of main case.

Date of hearing :    05 .11.2021

Date of order     :    11.11.2021

Mr. Safdar Ali G.Bhutto, Advocate for appellants

Abdul Rauf, Abdul Karim and Muhammad Uris.

Mr. Habibullah G.Ghouri, Advocate for the complainant.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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IRSHAD ALI SHAH, J;- It is the case of prosecution that appellants Abdul Rauf, Abdul Karim, Muhammad Uris and others after having formed an unlawful assembly and in prosecution of their common object, caused fire shot injuries to complainant Muhammad Chattal and PW Inayatullah, with intention to commit their murder and then went away by making aerial firing to create harassment, for that the present case was registered.

                        On conclusion of trial, co-accused Amanullah, Abdul Aziz and Abdul Sattar were acquitted, while appellants Abdul Rauf, Abdul Karim and Muhammad Uris were convicted to various terms of imprisonment spreading over two years with fine/daman, payable to the injured, by learned Additional Sessions Judge, Ratodero, vide judgment dated 11.09.2018, which is impugned by the appellants Abdul Rauf, Abdul Karim and Muhammad Uris by way of preferring the instant appeal.

                        The complainant impugned the acquittal of co-accused Amanullah, Abdul Aziz and Abdul Sattar by preferring the criminal acquittal appeal and simultaneously by making a revision application he sought for enhancement of the conviction and sentence awarded to appellants Abdul Rauf, Abdul Karim, Muhammad Uris and Muhammad Mithal. Subsequently, the complainant withdrew his criminal acquittal appeal while appellant Muhammad Mithal was acquitted by this Court by way of compromise.

                        Now, the appeal and revision application remain pending on the file of this Court are only to the extent of appellants Abdul Rauf, Abdul Karim and Muhammad Uris.

                        At the very outset, it is stated by learned Addl.P.G for the State that appellants Abdul Rauf, Abdul Karim and Muhammad Uris have been convicted and sentenced for various terms relating to injuries which they allegedly have caused to complainant Muhammad Chattal and PW Inayatullah with fire-arm, but none of them have been confronted with any of such injury/penal section during course of their examination u/s.342 Cr.PC, for their explanation being mandatory.      By contending so, he sought for remand of the case to learned trial Court for re-writing of the judgment after recording statements of appellants Abdul Rauf, Abdul Karim and Muhammad Uris u/s.342 Cr.PC afresh.

                        Learned counsel for appellants Abdul Rauf, Abdul Karim, Muhammad Uris and the complainant were not able to convert the above said legal proposition.

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

                        Admittedly, appellants Abdul Rauf, Abdul Karim and Muhammad Uris have been convicted and sentenced to various terms relating to injuries which allegedly sustained by complainant Muhammad Chattal and PW Inayatullah with fire-arm during course of alleged incident. No explanation from the appellants Abdul Rauf, Abdul Karim and Muhammad Uris have been sought by learned trial Court with regard to such injuries during course of their examination u/s. 342 Cr.PC, such omission could not be overlooked. In that way, the appellants Abdul Rauf, Abdul Karim and Muhammad Uris have been prejudiced seriously in their defence which is contrary to the mandate contained by Article 10-A of the Constitution of Islamic Republic of Pakistan 1973, which guarantees the right of fair trial to every person.

                        In view of above, the impugned judgment only to the extent of appellants Abdul Rauf, Abdul Karim and Muhammad Uris is set aside, with direction to learned trial Court to re-write the same in their respect, after recording their statements u/s.342 Cr.PC afresh.

                        Since, appellants Abdul Rauf, Abdul Karim and Muhammad Uris were enjoying the concession of bail at trial and they have also been admitted to bail during pendency of appeal, therefore, they are permitted to enjoy the same concession, subject to their furnishing fresh surety in the sum of rupees fifty thousand each and P.R bond in the like amount to the satisfaction of learned trial Court.

                        The instant Criminal Appeal and Revision Application are disposed of accordingly.

JUDGE

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