RIAZ MAGSI vs State Ss — 2022 MLD 1787 KARACHI-HIGH-COURT-SINDH

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RIAZ MAGSI VS State Ss.302, 324, 148, 149, 504 & 337-H(2)---Sindh arms act (V of 2013), S.25---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly, intentional insult with intent to invoke breach of the peace, rash or negligent act, possession of illegal firearm---appreciation of evidence---Prosecution case was that the accused party made firing upon the complainant party, due to which two persons lost their lives whereas two were injured---Motive behind the incident was stated to be previous land dispute---Record showed that the evidence of the complainant was recorded in presence of the accused but not in presence of his counsel---Effect---all the accused persons were illiterate and had no idea about the law and the parameters in which an examination-in-chief was to be conducted---High Court observed that during an examination-in-chief, it was mandatory for the accused to be represented by legal counsel in a capital case so that his/her rights could be protected---Without the counsel of accused, inadmissible documents could be admitted into evidence, the witness could be tutored and many other prejudicial things to the accused could come on the record since they had not been objected to/challenged by the accused which might not have formed a part of the record if his counsel had been present and might have weakened the prosecution case against him---absence of counsel for the accused during the examination-in-chief of an accused in a capital case, would lead to remand the case to the Trial Court---Impugned judgment was set aside and case was remanded to the Trial Court for recording the evidence of complainant, which was recorded in the absence of counsel for the accused.

RIAZ MAGSI vs State Ss — 2022 MLD 1787 KARACHI-HIGH-COURT-SINDH

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