Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 340(1)---Penal Code (XLV of 1860), Ss. 324, 353, 399 & 402---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, making preparation to commit dacoity, assembling for the purpose of committing dacoity, accused to be defended by pleader---Accused was unrepresented---Effect---Prosecution case was that complainant (Police Official) received spy information that accused persons were present on link road of the city with intent to commit dacoity---Complainant along with other police personnel reached at the place pointed out and after exchange of ten minutes' firing, accused-appellant was arrested on the spot with Kalashnikov, while the remaining accused persons fled away---Admittedly, accused-appellant remained unrepresented throughout---Trial Court examined two prosecution witnesses but only one question was put by the accused to the complainant of his innocence---No opportunity of cross-examination of recovery witness was provided to the accused-appellant---Testing the veracity and credibility of the witness was a legal right of the accused-appellant which could be achieved through proper cross-examination by the counsel---Circumstances established that, in the present case, Trial Court had not adopted the proper procedure in concluding the trial---Appeal was allowed by setting aside the and case was remanded to the Trial Court for fresh decision after providing the accused an opportunity of cross-examination to the witnesses through counsel. Syed Saeed Muhammad v. State 1993 550 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 133--- Cross-examination---- Cross-examination by accused himself could not be a substitute of cross-examination by counsel. THIS ORDER PASSED BY: ABDUL RUSOOL MEMON, JUSTICE:---.--- This appeal has been filed against the Judgment dated 19.05.2016 passed by learned III-Additional Sessions Judge Mirpur Mathelo whereby appellant was convicted under section 324, P.P.C. and awarded sentence to undergo R.I. for five years. Appellant was further convicted under section 353, P.P.C. and awarded sentence to suffer R.I for two years. Both…

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