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IRSHAD ALI vs State Ss — 2022 PCrLJ 1721 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJ 1721 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
PCRLJ
Parties
IRSHAD ALI vs State Ss
Subject matter
Criminal
Provisions referred to
S. 342---Q; S. 342; 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

IRSHAD ALI VS State Ss. 302, 324, 353 & 34---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention--- Appreciation of evidence---Examination of accused---Scope---Prosecution case was that the accused on seeing the police party made firing upon them, due to which Police Constable was hit and died---Record showed that the trial court had recorded the statements of accused under S. 342, Cr.P.C., in a very casual manner and committed several illegalities, which were not curable under the law---Any piece of evidence produced by the prosecution against an accused, if not put to accused while examining him/her under S. 342, Cr.P.C., could not be used against that accused---Rationale beyond was that the accused must know and respond to the evidence brought against her/him by the prosecution---Appeal, in circumstances, was allowed and matter was remanded by setting aside the convictions and sentences with the direction to record the statements of witnesses in presence of all the accused and recording the statements of accused under S. 342, Cr.P.C. afresh by putting to them all pieces of prosecution evidence produced during trial.

Other judgments reported in 2022 PCRLJ

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