Law: Criminal Procedure Code (V of 1898)

Section: 265(C),340(2),342

Law: Sindh Arms Act, 2013

Section: 13-(I)(a)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 71,132(2c)

Law: Pakistan Penal Code, 1860

Section: 302,302(b)

Criminal Procedure Code (V of 1898)--- ----S.342---Examination of accused---Evidence not put to accused---Effect---Appellant was convicted under S.302(b), P.P.C. and was sentenced to death---Contention of appellant was that while recording his statement under S.342, Cr.P.C. certain pieces of evidence which Trial Court relied upon to convict him, had not been put to him for his explanation which was a mandatory requirement of law---Plea of appellant was that he was entitled to acquittal on account of thedefect---Validity---Every piece of evidence which was used against the accused to form a part of his conviction must be put to him in his statement under S.342, Cr.P.C. so that he might have the opportunity to explain the same otherwise it could not be relied upon to convict him---Judgment passed by Trial Court was set aside and case was remanded for recording appellant's statement under S.342, Cr.P.C. afresh. Muhammed Shah v. The State 2010 SCMR 1009 fol. Qaddan v. The State 2017 SCMR 148 ref. Nadeem alias Kala v. The State 2018 SCMR 153 distinguished. THIS JUDGMENT DELIVERED BY: MOHAMMAD KARIM KHAN AGHA, J.--- Appellant Mohammad Bilal son of Ghulam Hussain has preferred this appeal against the impugned judgment dated 08.11.2017 passed by the IXth Additional Sessions Judge (South) at Karachi in Session Case No.464/2011, FIR No.260/2011 under section 302, P.P.C., registered at Police Station Baloch Colony, Karachi whereby the appellant has been convicted under section 302(b), P.P.C. and sentenced to death. The accused is also directed to pay compensation of Rs.100,000/- to the legal heirs of deceased Mohammad Waseem. In case of default he was ordered to suffer S.I. for 04 months. The trial court has also made Reference for confirmation of death sentence. 2. Brief facts of the prosecution case are that on 29.09.2011 at about 2000 hours while Waseem along with PW Mohammad Siddiq Niazi was sitting at the corner of Street No.2, sector I, Manzoor Colony, Liaquat Ashraf Colony No.2, Mehmoodabad, Karachi, the accused came there and fired with his pistol at Waseem which hit his right thumb and clavicle region and went through and through which resulted in the death of…

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