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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. 353---Q; S. 353; S. 537; 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. 353---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---Recall of witnesses when charge is altered, evidence to be taken in presence 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 firstly, four accused were arrested and charge was framed, at trial two prosecution witnesses were examined; thereafter, another accused was arrested and then the charge was amended---After amendment of the charge, Trial Court on the statement of prosecutor adopted the same evidence of prosecution witnesses earlier recorded---Such procedure adopted by the Trial Court was an illegality and in violation of the mandatory provisions of S. 353, Cr.P.C.---Such contravention of the provisions of S. 353, Cr.P.C., could not be termed as an error, omission or irregularity so as to be curable under S. 537, Cr.P.C.---Violation of the mandatory provisions of Ss. 353, Cr.P.C. was nothing but a downright illegality vitiating the relevant proceedings of the trial of accused---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 record 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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