ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

 Crl. Jail Appeal  No.D-79  of 2019.

 Crl. Conf: Case No.D-45 of 2019.

 Crl. Jail Appeal No.S-115 of 2019.

 Crl. Jail Appeal No.S-116 of 2019.

 Crl. Jail Appeal No.S-117 of 2019.

 Crl. Jail Appeal No.S-118 of 2019.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

For orders on Letter No.149/2022 dated 29.01.2022 received from Trial Court as Flag ‘A’.

08.02.2022.

                   Mr. Habibullah G. Ghouri, advocate for the appellants.

                   Mr. Rafique Ahmed K. Abro, advocate for the complainant.

                   Mr. Ali Anwar Kandhro, Addl. P. G.

                                      -.-.-.-.-.-.-

                   The murder appeal together with reference for confirmation of death sentence was disposed of on 03.02.2021, by Bench of this Court (consisting of M/S. Muhammad Karim Khan Agha and Zulfiqar Ali Sangi J.J), whereby murder case was remanded to learned trial Court for recording evidence of complainant/PW Qurban Ali in presence of accused and their counsel. With this remand order, the ancillary appeals relating to Arms Ordinance cases were also remanded. Now the learned trial Court has made the reference with this Court, seeking guidance, as to how the evidence of complainant/PW Qurban Ali may be recorded in cases relating to Arms Ordinance, when he is not cited witness therein.

                   Learned counsel for the parties were called to assist the Court and they were unanimous in their contention that the issue involved could only be answered by the Bench, which has disposed of main murder appeal. 

                   The office is therefore directed to place the reference before Honourable Chief Justice, for appropriate orders.

   JUDGE

                                                                                  JUDGE