JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Jail Appeal No.D-09 of 2020

Crl. Reference No.D-13 of 2020

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DATE                                      ORDER WITH SIGNATURE OF HON’BLE JUDGE

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Before:

Mr. Justice Irshad Ali Shah,

 Mr. Justice Shamsuddin Abbasi,

For hearing of main case.

01.12.2021

                        Mr. Ashique Ali Jatoi, Advocate for the appellant.

                        Mr. Ghulam Muhammad Barejo, Advocate for complainant.

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

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IRSHAD ALI SHAH, J;- It is case of prosecution that the appellant with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, by making trespass into house of one Ghulam Nabi, committed murder of Muhammad Bux by causing him fire shot injuries and then went away by making aerial firing to create harassment. On due trial, all the accused involved in the said incident were acquitted excepting the appellant, he besides his conviction under section 452 PPC, was convicted and sentenced to death with fine of Rs.20,00,000/- payable to legal heirs of the said deceased for offence punishable under section 302 (b) PPC, by learned 1^st Additional Sessions Judge/MCTC, Qamber, vide judgment dated 06.02.2020, which has been impugned by the appellant before this Court by preferring the criminal appeal from jail and a reference is also made by learned trial Court for confirmation of death sentence to the appellant.

                        At the very outset, it is pointed out by learned counsel for the parties that the medical officer has not been examined by the prosecution and no opportunity is provided to the appellant to make cross examination to the Investigating Officer. By such contention, it is stated by them that the cross examination already made to PW/Mashir Ayaz Hussain is copied and then put/pasted under the examination in chief of Investigating Officer. By that act, learned trial Court has denied the right of fair trial to the appellant, which is contrary to the mandate contained by Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973. By contending so, they unanimously sought for remand of the case for fresh trial in accordance with law.

                        In view of above, the impugned judgment to the extent of appellant is set aside with direction to learned trial Court to examine the medical officer in accordance with law and re-call the Investigating Officer for purpose of cross examination to be made by the appellant and then to decide the case afresh in accordance with law.

                        The instant criminal jail appeal and reference are disposed of accordingly.                

JUDGE

 JUDGE