IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Criminal Jail Appeal No.D-32 of 2020
Confirmation Case No.D-03 of 2020
Before;
Mr. Justice Zafar Ahmed Rajput
Mr. Justice Irshad
Ali Shah
Appellant: Jahangir son of Yar
Muhammad Dharejo. Through Mr. Amanullah
G.Malik advocate
The State: Through
Mr. Zulfiquar Ali Jatoi,
Additional Prosecutor General Sindh
Date of hearing: 17-01-2023
Date of judgment: 17-01-2023
J U D G M E N T
Irshad Ali Shah, J.- It is the case
of the prosecution that the appellant with rest of the culprits allegedly in
furtherance of their common intention not only committed death of Azhar Ali and Nisar Ahmed by
causing them fire shot injuries, but also caused fire shot injury to PW Ayaz Ali with intention to commit his murder, for that the
present case was registered. On conclusion of trial, the appellant for
committing death of Azhar Ali, was convicted u/s 302
(b) PPC and sentenced to death as Tazir and to pay compensation of Rs. 500,000/- to the legal
heirs of the said deceased and in default whereof to undergo simple
imprisonment for six months by learned Additional Sessions Judge-III/MCTC-II
Sukkur, vide judgment dated 01-09-2020, which is impugned by the appellant
before this Court by preferring the instant Crl. Jail
Appeal and a Reference u/s 374 Cr.P.C is also made by
learned trial Court for confirmation of death sentence to the appellant.
2. At the very outset, it is pointed out by
learned counsel for the appellant and learned APG for the State that the
appellant together with rest of culprits, was charged specifically for
committing death of Azhar Ali and Nisar
Ahmed and causing fire shot injury to PW Ayaz Ali
with intention to commit his murder; such point was framed for its determination
and answered as proved in even impugned judgment, yet no punishment is awarded
to the appellant for causing death of Nisar Ahmed and
injury to PW Ayaz Ali with fire shot though the
offence allegedly was committed by the appellant and others in furtherance of
their common intention. By pointing out so, they suggested for remand of the
case for rewriting of the judgment after recording statement of appellant u/s
342 Cr.P.C afresh by confronting him with the allegation
with regard to death of deceased Nisar Ahmed and
injury to PW Ayaz Ali being one of the circumstance
brought in evidence against him at trial.
3. Heard arguments and perused record.
4. The omissions pointed out by learned
counsel for the parties take support from the record and those being in cure-able
U/S 537 Cr.P.C have occasioned in failure of justice;
consequently the impugned judgment is set-aside with direction to learned trial
Court to rewrite the same, after recording statement of the appellant u/s 342 Cr.P.C, afresh by confronting him every circumstance which
is brought against him by prosecution at trial; such exercise to be completed
within one month, after receipt of copy of this judgment.
5. The instant Crl.
Jail Appeal and Reference made by learned trial Court are disposed of
accordingly together with pending applications.
J U D G E
J U D
G E
Nasim/P.A