JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Jail Appeal.No.D-20 of 2020

Crl.Conf.Case No.D-21 of 2020

(Dadan Budh Vs. The State)

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DATE            ORDER  WITH  SIGNATURE  OF  HON’BLE  JUDGE

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Before:

                                   Mr. Justice Irshad Ali Shah.

                                                                                  Mr. Justice Arbab Ali Hakro.

For hearing of main case.

31.05.2023

                        Mr. Habibullah Ghouri, Advocate for the appellant.

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

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IRSHAD ALI SHAH, J;- It is case of prosecution that the appellant allegedly committed murder of his wife Mst.Saima by causing  her hatchet blows, for that he was booked and reported upon by the police. On conclusion of trial, he was convicted under Section 302(b) PPC and sentenced to death as Tazir, to be hanged by neck till he is dead subject to confirmation by this Court and was also directed to pay compensation of Rs.300,000/- to the legal heirs of the deceased and in default whereof to undergo simple imprisonment for six months, by learned 1^st Additional Sessions Judge/MCTC, Qamber, vide judgment dated 16.03.2020, which he has impugned before this Court by preferring the instant criminal jail appeal. A criminal reference in terms of Section 374 Cr.PC is also made by learned trial Court for confirmation of death sentence to the appellant.

2.         At the very outset, it was pointed out by learned counsel for the appellant that on 16.03.2020, when the case was fixed for making further cross examination of the complainant and his witnesses, the counsel of the appellant was called absent; learned trial Court with no loss of time appointed a new counsel for the appellant to defend him on state expenses and then proceeded further with the case without providing requisite papers to his newly appointed counsel for preparation; the entire episode was completed in one go with closer of its side by the prosecution, which was followed by recording statement of appellant U/S.342 Cr.PC and on the very same day, judgment was passed whereby the appellant was awarded death penalty under deception that the arguments on his behalf and that of State has been heard; the undue haste undertaken by learned trial Court in disposal of the case against the appellant was contrary to the mandate contained by Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973, which prescribes right of fair trial, which apparently has been denied to the appellant and resembles with well known principle that justice hurried is justice buried. By pointing out so, he suggested for remand of the case for providing fair chance to the appellant to make further cross examination of the complainant and his witnesses afresh in accordance with law to meet with ends of justice, which is not opposed by learned Addl.P.G for the State.

3.         Heard arguments and perused the record.

4.         The omissions pointed out by learned counsel for the appellant takes support from the record; those being incurable in terms of Section 537 Cr.PC have occasioned in failure of justice in case like present one. Consequently, the impugned judgment is set aside with direction to learned trial Court to provide fair chance to the appellant to defend him and then to make fresh disposal of the case in accordance with law, without being influenced by earlier findings.

5.         The death reference is answered in negative while Criminal Jail Appeal is disposed of accordingly.

                         JUDGE 

               JUDGE