Law: Criminal Procedure Code (V of 1898)

Section: 154,160,161,265-F(1)(2)(3),342

Law: Pakistan Penal Code, 1860

Section: 324

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 342, 265-F(1) to (3)--Pakistan Penal Code, 1860 (XLV of 1860), S. 324--Dagger injury to victim--Confrontation of evidence--Piece of evidence not put at time of recording statement u/S. 342, Cr.P.C., cannot be considered against him--There is a claimed recovery of dagger through which injuries on person of victim was caused and such evidence was led by prosecution yet trial Court did not include such question which recording 342, Cr.P.C--Statement of accused--Thus, prima facie, accused was never allowed an opportunity of explanation for such material piece of evidence available on record--Such failure is always sufficient for ordinary for remand of case for simple reasons that fair trial is a substantial right of accused and not a mere formality. THIS ORDER PASSED BY:SALAHUDDIN PANHWAR JUSTICE---.--- Through instant appeal, the appellant has challenged judgment dated 18.02.2015 passed in SC No. 600/2011 (Re. The State vs. Griffin) in Crime No. 285/2011 under Section 324, PPC, registered at Police Station Rizvia Society, Karachi. 2. Precisely, relevant facts are that on 23rd September, 2011, SIP Safdar Ali, being duty officer at PS Rizvia Society, Karachi, received information from Dr. Nasir Ali, MLO of Abbasi Shaheed Hospital, Karachi regarding arrival of Yasir Altaf son of Altaf Hussain Shakir in injured condition, having daggers blows. On said date as well on 24th September, 2011 he (SIP Safdar Ali) went there but concerned MLO informed him that the injured was not in a position to record his statement. Subsequently, on 27th September, 2011, the said SIP again went to Ziauddin Hospital, Karachi and having obtained permission from the concerned doctor, recorded 154, Cr.PC statement of injured Yasir Altaf who had disclosed that he is working as Operational Manager in C-Hawk Shipping Company and has been given Liana Car bearing Registration No. ARL-483 of Silver Colour for traveling. On 23rd September, 2011 (Friday) as routine he left his office and stopped his car at signal, where one disable person asked for lift which he gave. When they reached at Lal Khoti, Shahrah-e-Faisal, suddenly, the said person took…

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