SHAH MURAD NINDWANI vs State Ss — 2022 MLD 344 KARACHI-HIGH-COURT-SINDH

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SHAH MURAD NINDWANI VS State Ss. 302(b), 324, 337-H(2), 147, 148 & 149---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd, attempt to commit qatl-i-amd, rash and negligent act, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Examination of accused---Scope---Accused were charged that they, while armed with deadly weapons, in furtherance of their common object made unlawful assembly, committed offence of rioting, made direct fire upon complainant party with intention to commit their qatl-i-amd, due to which son of complainant was hit and died while daughter of complainant was kidnapped---Record showed that the material piece of evidence being relied upon by the prosecution against the accused was not put to them at the time of recording their statements under S.342, Cr.P.C.---No doubt, joint questions with regard to documentary evidence in shape of memo, FIR, memo of arrest and recovery and other material so also evidence of Medical Officer, post-mortem report and recovery were put to the accused but the said questions did not specify as to the date of arrest and recovery from the accused on their pointation, empties from the spot coupled with report of Forensic Science Laboratory authorities that such weapons were in working condition etc. and the manner thereof---Said omissions on the part of the Trial Court were not mere irregularities curable under S.537, Cr.P.C, but the same were downright illegalities, which had vitiated the conviction and sentence of accused recorded by the Trial Court---Trial Court had rendered judgment in violation of statutory provisions of S.367, Cr.P.C, as such it was not sustainable---Appeal was allowed by setting aside convictions and sentences recorded by the Trial Court---Case was remanded to the Trial Court with the direction to record the statements of accused under S.342, Cr.P.C., afresh by putting them all pieces of prosecution evidence, enabling them to know and respond to the same and shall decide the case after hearing the parties.

SHAH MURAD NINDWANI vs State Ss — 2022 MLD 344 KARACHI-HIGH-COURT-SINDH

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