SONO KHUHAWAR vs State S — 2023 MLD 548 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 548 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: SONO KHUHAWAR vs State S
Subject matter: Criminal
Provisions referred to: S. 540---C; S. 540

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

SONO KHUHAWAR VS State S. 540---Constitution of Pakistan, Art. 10-A---Power to summon material witness or examine persons present---Right to fair trial---Scope---Provisional and final medical certificates with regard to injury allegedly sustained by the injured person were taken on record by the Trial Court without putting the accused or his counsel on notice---Case being a murder appeal in all fairness, after closure of side; those documents ought to have been brought on record in terms of mandate contained by S. 540, Cr.P.C., by summoning its author---Without having such recourse by taking those documents on record, the accused had been prejudiced in his defence seriously, which was contrary to the mandate contained in Art. 10-A of the Constitution, which prescribed the right of fair trial to every person---Impugned judgment was set aside with direction to the Trial Court to bring the documents on record in terms of mandate contained in S. 540, Cr.P.C. by summoning its author and then decide the case afresh---Appeal was disposed of accordingly.

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