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MUHAMMAD HANIF vs State Ss — 2022 PCrLJ 705 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJ 705 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
PCRLJ
Parties
MUHAMMAD HANIF vs State Ss
Subject matter
Criminal
Provisions referred to
S. 353; S. 231

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

MUHAMMAD HANIF VS State Ss. 353 & 231---Constitution of Pakistan, Art. 10-A---Right to fair trial---Evidence to be taken in presence of accused---Recalling of witnesses when charge altered--- Scope--- Accused persons in furtherance of their common intention committed murder of victim by strangulating his throat, for that they were booked and reported upon by police---Accused persons were convicted after trial, which conviction was appealed against---Counsel for the parties, pointed out that on joining of trial by one of the accused persons, the charge already framed was amended and the evidence already recorded in his absence was adopted, which was contrary to the mandate contained in S. 353, Cr.P.C. which called for examination of witnesses in presence of accused and that all the three accused persons were convicted and sentenced accordingly by the trial court which was against the mandate contained in S. 231, Cr.P.C. which called for examination witnesses afresh when charge was altered, amended or added---Impugned judgment was set aside by the High Court with direction to the Trial Court to recall and re-examine the complainant and his witnesses by providing fair chance to the accused persons to contest the case as per mandate contained in Art. 10-A of the Constitution---Appeal was disposed of accordingly.

Other judgments reported in 2022 PCRLJ

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