ABDUL SHAKOOR alias MULLAN vs State Ss — 2022 YLR 2055 LAHORE-HIGH-COURT-LAHORE

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ABDUL SHAKOOR alias MULLAN VS State Ss. 302(b), 324, 148 & 149---Criminal Procedure Code (V of 1898), Ss. 221 & 225---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Defective charge---Scope---Accused were charged for committing murder of two persons and murderous assault upon the complainant---Trial Court framed the charge against the accused and their co-accused with respect to murderous assault upon complainant and murder of one deceased, it was not framed with respect to the murder of other deceased---Modified charge was framed against the accused on a separate sheet and case was adjourned for judgment---Perusal of entire record showed that no modified charge was available on the record, however, amended charge was available on the separate paper---No record containing statement of accused with respect to plea of accused and their statement about any defence to make after framing of amended charge, was available in the entire record of the case---After framing of the charge, recording statement of accused about his plea or defence to make was mandatory---Perusal of amended charge through amended charge sheet showed that it was categorically mentioned therein that accused claimed trial but admittedly no trial was conducted thereafter and accused were straightaway convicted and sentenced through the impugned judgment---Such facts had individually and collectively caused serious prejudice to the accused and thus vitiated the trial---Case was remanded to the Trial Court by setting aside convictions and sentences recorded by the Trial Court for re-trial, in circumstances.

ABDUL SHAKOOR alias MULLAN vs State Ss — 2022 YLR 2055 LAHORE-HIGH-COURT-LAHORE

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