Citation Name: 2025 PCrLJ 654 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Usman vs State Ss

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Citation Name: 2025 PCrLJ 654 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Usman VS State Ss. 302(b), 324, 337-a(i) & 34---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(4)---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, common intention, haraabah---appreciation of evidence---Jurisdiction of High Court---accused was charged for the offence in question and was convicted after trial by the Trial Court---appeal was filed before the High Court---Complainant got registered instant FIR under the provisions of the Ordinance, 1979---after submission of challan, Trial Court had framed the charge under the provisions of the Ordinance, 1979, as well as P.P.C---Complainant was examined before the trial Court and in his examination-in-chief, the complainant had categorically deposed that he received information that some unknown persons caused injuries to his nephew and cousin while committing robbery of motor cycle from them---appellant was tried in consonance of the charge and on conclusion of trial, the appellant was convicted and sentenced under the provisions of P.P.C, but before handing down the judgment the trial Court did not alter the charge---Besides, the sentence awarded to the appellant also exceeded the term of two years---Per Ordinance-II of 1982, second proviso to art.24 of Offences against Property (Enforcement of Hudood) Ordinance, 1979, was inserted which provided the offences punishable under art.9 or 17 shall be triable by the Court of Session not by the Magistrate authorized under S.30, Cr.P.C, hence, an appeal from an order under either of said articles or from an order under any provision of that Ordinance which imposed a sentence of imprisonment for a term exceeding two years shall lie to Federal Shariat Court---Since the complainant had specifically mentioned in the FIR, he received information that some unknown culprits while committing robbery from his cousin and nephew had caused injuries to them, therefore, he got registered FIR under Ss.302, 324, 337-a(i), 34 P.P.C read with S.17(4) of the Ordinance---Hence, the Trial Court framed the charge against the appellant under S.17(4) of the Ordinance and the appellant was also tried for said charges---In such circumstances, appeal in hand was completely misconceived and not maintainable as it had wrongly been presented before the High Court---Consequently, the additional Registrar of High Court was directed to send the file of instant jail appeal to the Federal Shariat Court of Pakistan through its Registrar for further necessary action/proceedings.

Citation Name: 2025 PCrLJ 654 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Usman vs State Ss — 2025 PCrLJ 654 KARACHI-HIGH-COURT-SINDH

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