MUHAMMAD RAMZAN vs State S — 2023 YLR 293 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD RAMZAN VS State S. 302(b)---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd---Appreciation of evidence---Examination of accused---Scope---Accused was charged for committing murder of the deceased by firing---Statement of accused recorded under S. 342, Cr.P.C., it transpired that complainant and eye-witnesses deposed that deceased sustained fire arm injuries, post mortem examination was conducted, in which injuries by means of fire arm were certified and post mortem was produced before the Trial Court, but question regarding that piece of evidence was not put to accused for his explanation---Revolver recovered on the pointation of the accused was sent to the Ballistic Expert and report was positive, it was laid in the R & Ps, but it was not produced in evidence at trial, but said incriminating piece of evidence was not put to accused for his explanation in his statement under S. 342, Cr.P.C.---Trial Court had relied upon the said pieces of evidence for recording conviction against the accused---Held, Trial Court had taken the matter lightly and awarded death sentence to the accused without putting all the incriminating pieces of evidence at the time of recording of statement under S.342, Cr.P.C.---Some other incriminating pieces of evidence with regard to the medical evidence, which were also not put to the accused at the time of recording 342 Cr.P.C. statement for his explanation---Accused, therefore, was prejudiced in his trial, therefore, a miscarriage of justice had occurred in the case---Procedure adopted by Trial Court was an illegal procedure that could not be cured under section 537, Cr.P.C., thus, it had vitiated the trial---Impugned judgment was liable to be set aside---Appeal was allowed by setting aside impugned judgment and case was remanded to the trial court for re-trial after recording statement of the accused under S. 342, Cr.P.C., after putting all incriminating pieces of evidence to the accused.

MUHAMMAD RAMZAN vs State S — 2023 YLR 293 KARACHI-HIGH-COURT-SINDH

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