IMRAN KHAN vs State art — 2022 YLR 2123 FEDERAL-SHARIAT-COURT

Case information

Citation: 2022 YLR 2123 FEDERAL-SHARIAT-COURT
Court: Federal Shariat Court
Year: 2022
Reporter: YLR
Parties: IMRAN KHAN vs State art
Subject matter: Criminal
Provisions referred to: S. 537; Penal Code (XLV of 1860); 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

IMRAN KHAN VS State art. 17(4)---Penal Code (XLV of 1860), Ss.302(b), 390, 394, 411 & 412---Constitution of Pakistan, art. 10-a---Criminal Procedure Code (V of 1898), Ss. 221, 537---Qatl-i-amd, Haraabah, robbery, causing hurt in robbery, recovery of stolen articles---Defect in charge---Error, correction of---Fair trial---Double murder during robbery---accused was alleged to have committed murder of two ladies during commission of robbery---Trial Court convicted accused and sentenced him to imprisonment for life---Validity---Provision of S. 537, Cr.P.C. applies to an error arising out of mere inadvertence---Wilful departure from procedure cannot be cured by pressing into service S.537, Cr.P.C.---Such was a case of robbery and object of intruders was to commit robbery, as was manifested from the fact that they had removed ornaments of gold and cash amount from the house they entered into i.e. house of complainant---During the course of robbery they committed murder of two innocent ladies in callous and gruesome manner by cutting their throats with Churri (knives)---Trial Court during trial and while passing conviction and sentence committed illegalities and incurable defects---Federal Shariat Court set aside conviction and sentence awarded to accused and remanded the matter to Trial Court for de novo trial from the stage of defect in the trial, namely framing of charges---appeal was allowed accordingly.

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