ZAHID ALI KHASKHELI vs State Ss — 2023 MLD 492 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 492 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: ZAHID ALI KHASKHELI vs State Ss
Subject matter: Criminal

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

ZAHID ALI KHASKHELI VS State Ss. 302(b), 324, 449, 337-a(i), 337-F(i), 337-F(ii), 114 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, house-trespass in order to commit offence punishable with death, Shajjah-i-khafifah, ghayr-jaifah-mudihah, badiah, abetment, common intention---appreciation of evidence---Previous statement, adoption---Scope---accused were charged for committing murder of father and son of complainant and causing injuries to other inmates---Record showed that after amendment of the charge four witnesses were re-called and re-examined in terms of the order but they did not give the complete evidence and gave only evidence in 2/3 lines then they adopted their evidence already recorded---Notable that firstly accused was arrested and three witnesses were examined, thereafter co-accused was arrested and then the charge was amended---Evidence of three witnesses was recorded and at that time co-accused was not present before the court---Requirement of the law was that evidence should be recorded in presence of the accused, inspite of that evidence of four witnesses which was earlier recorded was adopted---Such procedure adopted by the Trial Court was illegal---appeal was allowed, in circumstances and matter was remanded to the Trial Court to record the evidence of the prosecution witnesses afresh.

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