Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302, 324 & 34---Criminal Procedure Code (V of 1898), S.342---Qatl-i-amd, attempt to commit qatl-i-amd, common intention-- Recording statement of accused-Appreciation of evidence---All the incriminating pieces of evidence on which Trial Court had placed reliance, were not put to accused at the time of recording their statements, particularly recovery of crifne weapon, ballistic report and motive---Trial Court had committed illegality, which was not curable under law---Each and every material piece of evidence, being relied upon by the prosecution against an accused, must be put to him at the time of recording of his statement under S.342, Cr.P.C.; so as to provide him an opportunity to explain his position in that regard-- Denial of such an opportunity to accused, would defeat the ends of justice---Failure to comply with that said mandatory requirement, would vitiate the trial-Appeal was allowed, impugned passed by the Trial Court, was set aside, and case was remanded to the Trial Court for recording the statement of accused under S.342, Cr.P.C., afresh and then to proceed with the matter in accordance with law. Muhammad Hassan v. The State Criminal Appeal No. 292 of 2009 ref. THIS JUDGMENT DELIVERED BY: NAIMATULLAH PHULPOTO, JUSTICE:---.--- Appellants Moinuddin and Jalaluddin were tried by learned 1st Additional Sessions Judge, Hyderabad in Sessions Case No. 78 of 1999 for offences under sections 302, 34, 324, P.P.C. After full dressed trial, by judgment dated 29th October, 2010 appellant Moinuddin and Jalaluddin were convicted under section 302 read with section 34, P.P.C. and sentenced to death. Accused Moinuddin was further convicted under section 324, P.P.C. and sentenced to 7 years' R.I. and to pay fine of Rs.10,000/- and in default of payment, he shall suffer S.I. for one year. Trial Court made reference to this Court for confirmation of death sentence as required under section 374, Cr.P.C. Appellants filed appeal against conviction and sentence recorded by the trial Court. By this judgment, we intend to dispose of above numbered criminal appeal, r'e'ference made by trial Court for confirmation of death sentence and…

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