BASHIR BUGHIO vs State Ss — 2022 MLD 1405 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 1405 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: BASHIR BUGHIO vs State Ss
Subject matter: Criminal
Provisions referred to: Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

BASHIR BUGHIO VS State Ss.302, 337-H(2), 114, 504 & 34---Criminal Procedure Code (V of 1898), Ss. 221, 222 & 223---Qatl-i-amd, rash or negligent act to endanger human life or personal safety of others, abettor present when offence is committed, intentional insult with intent to provoke breach of peace, common intention---Appreciation of evidence---Framing of charge---Requisites---Non-specified role of accused---Effect---Accused were charged for committing murder of the brother of the complainant by firing---Record showed that there was no mention in the charge that accused, who had been sentenced to death, committed murder of the deceased---Allegations of the prosecution for the co-accused persons had also not been specified in the charge---Particulars of offence had also not been specified, thus, serious prejudice was caused to the accused in the preparation of the defence---Circumstances showed that Trial Court had framed charge in a casual manner without application of judicial mind---Two accused who had been sentenced to death, were misled in their defence by an error in the charge---Said fact would be a ground for setting aside conviction/sentence recorded against them with remand of case for re-trial after making suitable amendment in the charge---Impugned judgment was set-aside and matter was remanded to the Trial Court for framing the charge afresh in accordance with law, to record evidence and statements of accused afresh and to decide the case afresh---Appeal was disposed of accordingly.

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