Law:

Section:

Penal Code (XLV of 1860)--- ---Ss. 324, 353 & 34---Criminal Procedure Code (V of 1898), S. 265F(7)---Attempt to commit Qatl-i-amd, Assault or criminal force otherwise than on grave provocation and common intention ---Accused not given opportunity to produce defence evidence---Effect---Accused persons specifically mentioned during their trial that they wanted to examine certain defence witnesses, but Trial Court did not fixed the matter for such purpose and hence did not give them an opportunity to produce their defence witnesses---Right of accused persons had been prejudiced in such circumstances---Conviction and sentence of accused persons were set-aside and case was remanded to the Trial Court with the direction that fair opportunity should be given to accused persons to produce defence witnesses in their favour, and thereafter fresh should be passed---Appeal was allowed accordingly. ORDER AMER RAZA NAQVI, J.---This appeal has been filed against judgment dated 14-11-2012, whereby both the appellants were convicted and sentenced to suffer R.I for seven years each and fine of Rs.10,000 for the charge framed against them on 3-12-2011 in respect of FIR No.254/11 under sections 353/324/34, P.P.C., Police Station Awami Colony, District East, Karachi. 2. Learned counsel for the appellants read the evidence and argued the case at some length. During the arguments it has been noted that appellants have taken a specific plea that they were brought to hospital by their brothers. They have put this question specifically to P.W-3 Dr. Farhat Abbas, who admitted that both the appellants were brought to the hospital by their brothers namely. Zakir and Suleman, however, witness stated that S.I Ghulam Akbar was also there. Both the appellants while recording their statements under section 342, Cr.P.C. stated that they want to examine their respective brothers in their defence. These, statements were recorded on 25-8-2012. The diaries of the trial Court do not show that the case was fixed for defence evidence on any date after recording of statements of appellants/ accused before the…

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