KHADIM HUSSAIN vs State Ss, 302(b), 324, 337-a(i), 337-F(i), 147, 148 & 149

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KHADIM HUSSAIN VS State Ss, 302(b), 324, 337-a(i), 337-F(i), 147, 148 & 149---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i- khafifah, ghayr-jaifah-mudihah, rioting, rioting armed with deadly weapons, unlawful assembly---appreciation of evidence---Examination of accused by the court---Scope---accused was charged that he and co-accused persons while armed with deadly weapons assaulted on complainant, due to which father of complainant died whereas one other person sustained injuries---Record showed that the procedure adopted by the trial court was reflective of miscarriage of justice---Offence was punishable for death or imprisonment for life and accused had been awarded imprisonment for life without providing him opportunity with regard to material questions to be put to him in his statement under S.342, Cr.P.C.---Record transpired that the trial court had not put incriminating pieces of evidence against accused which were brought on record by the prosecution witnesses---Prosecution case was that hatchet used by accused in the crime was also recovered from him---Said blood stained hatchet was sent to Chemical Examiner, positive report had been tendered in evidence but no question was put to accused in that regard---Serious prejudice had been caused to the accused as the accused was not provided fair opportunity to explain his position regarding incriminating pieces of evidence brought on record against him---Section 364(2), Cr.P.C, was violated while writing the certificate at the bottom of statement of accused being not in handwriting but typed one---Trial Court did not perform its function diligently and had taken the matter lightly and in a casual manner and awarded life imprisonment to the accused, thus, accused was prejudiced in his trial and defence, therefore, a miscarriage of justice had occurred in the case---Procedure adopted by Trial Court was an illegal procedure, which could not be cured under S.537, Cr.P.C.---Such procedure adopted by the Court vitiated the trial---Hence, Impugned judgment was liable to be set aside---Case was remanded to the Trial Court for recording the statement of accused afresh after putting all incriminating pieces of evidence to the accused for his explanation---appeal was disposed of accordingly.

KHADIM HUSSAIN vs State Ss, 302(b), 324, 337-a(i), 337-F(i), 147, 148 & 149 — 2022 MLD 95 KARACHI-HIGH-COURT-SINDH

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