KHAMISO vs State Ss — 2023 PCrLJ 908 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 908 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: KHAMISO vs State Ss
Subject matter: Criminal
Provisions referred to: S. 342---Q; S. 342; 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

KHAMISO VS State Ss. 302(b) & 504---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd, intentional insult with intent to provoke breach of peace---Appreciation of evidence---Examination of accused---Scope---Accused was charged for committing murder of the deceased by inflicting hatchet blow---Record showed that in the statement of accused recorded under S. 342, Cr.P.C, all the incriminating pieces of evidence were not put to the accused for his explanation---Allegedly, accused had made confession during interrogation before the Judicial Magistrate but question regarding such piece of evidence was not put to him---Question regarding motive was also not put to the accused---Questions/incriminating pieces of evidence regarding blood stained clothes and reports of the Chemical Examiners were also not put to the accused---Trial court was responsible to ensure that truth was discovered---Procedure adopted by the trial court was reflective of miscarriage of justice---Offence was punishable for death or imprisonment for life and accused had been awarded death penalty without providing him opportunity with regard to material questions to be put to him in statement of accused under S. 342, Cr.P.C---Impugned judgment, in circumstances, was set-aside and matter was remanded to the Trial Court for its decision afresh with the direction that the accused be re-examined under S. 342, Cr.P.C. and he be confronted with all the incriminating circumstances/evidence available on record.

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