Law: Pakistan Penal Code, 1860

Section: 114,147,148,149,302,324,337-H(2),504

Law: Constitution of Pakistan, 1973

Section: 10-A

Law: Criminal Procedure Code (V of 1898)

Section: 353

Penal Code (XLV of 1860)--- ----Ss. 302, 324, 337-H(2), 114, 147, 148, 149 & 504---Criminal Procedure Code (V of 1898), S. 353---Constitution of Pakistan, Art.10-A---Qatl-i-amd, attempt to commit qatl-i-amd, act done rashly or negligently as to endanger human life or the personal safety of the others, abettor present when offence was committed, rioting, rioting armed with deadly weapon, unlawful assembly, intentional insult with intent to provoke breach of peace---Appreciation of evidence---Evidence not taken in presence of accused---Effect---Prosecution case was that accused party while armed with deadly weapon assaulted on the complainant party, made firing upon them, due to which the brother of complainant died and his cousin sustained injuries---Record showed that co-accused persons were arrested on 3.8.2011 whereas the accused had absconded and was arrested subsequently on 29.8.2016 and charge was amended---Prosecutor adopted the examination-in-chief of the witnesses already examined---Counsel for the accused adopted the cross-examination of the witnesses already examined except the two witnesses---Trial Court upon the assessment of evidence on record convicted accused persons and awarded death sentence to accused, while co-accused persons were sentenced to undergo imprisonment for life---Validity---Section 353, Cr.P.C. made it mandatory that evidence was to be recorded in presence of accused---In the present case, after framing of amended charge, prosecution witnesses were neither recalled nor their examination-in-chief were recorded in presence of accused and he was convicted on the basis of adopted evidence in violation of Article 10-A of the Constitution---Trial Court had not assigned reasons for resorting to such exceptional procedure, which, otherwise, was not within the spirit of safe administration of justice---Trial Court had committed illegality while adopting such evidence of prosecution witnesses---Such practice was complete departure from the procedural law---Appeal was allowed, in circumstances, by setting aside the conviction and sentences recorded by the Trial Court and matter was remanded to the trial court for decision afresh after…

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