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

Nasim/P.A