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DIL JAAN vs GHULAM NABI Ss — 2022 YLRN 2 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 2 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
DIL JAAN vs GHULAM NABI Ss
Subject matter
Criminal
Provisions referred to
S. 493; S. 439

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

DIL JAAN VS GHULAM NABI Ss. 302, 324, 337-D, 337-F(ii), 337-F(vi), 504, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, jaifah, causing badi'ah, munaqqillah, intentional insult with intent to provoke breach of peace, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Application for enhancement of sentence of life imprisonment awarded to the respondents was filed by complainant---Scope---Record showed that the complainant in presence of appeal already preferred by the convict might in terms of S.493 of the Cr.P.C assisted the Public Prosecutor to press the appellate court for enhancement of sentence by showing relevant evidence, if any---When a Division Bench of High Court was not competent to hear an appeal against conviction and the issue raised by the complainant/private person in the revision application was well within the power of Appellate Single Bench of High Court to examine it, therefore, hearing of the same issue by the Division Bench of High Court would amount to assuming the power of Single Bench of High Court---Since the power under S.439 of the Cr.P.C. could also be exercised by a Single Appellate Bench of High Court, Division Bench had refrained from deciding the Revision Applications and kept them pending/ adjourned sine die so that no prejudice be caused to either side before the Appellate Court when during the hearing of appeal the High Court comes to the conclusion that this could be a case of enhancement of sentence and makes a reference by putting the appellant/convict on notice in terms of S.439(2) of the Cr.P.C. and sends the file of appeal to the Division Bench hence, it could not the vice versa---Revision Application was adjourned sine die.

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