| Citation(s) |
|---|
| 2020 SLG 1415 2020 SLD 1415 2020 YLR 1288 |
Federal Shariat Court
Jail Criminal Appeal No. 20-I, Criminal Appeal No. 21-I and Criminal Revision No. 2-P of 2019, decision Dated: 28-01-2020, hearing Date : 28-01-2020.
SYED MUHAMMAD FAROOQ SHAH AND SHAUKAT ALI RAKHSHANI, JJ
Mian Fahim Akbar for Appellants (in Jail Criminal Appeal No.20-I and Criminal Appeal No.21-I of 2019). Muhammad Saeed Khan for the Complainant (in Jail Criminal Appeal No.20-I, Criminal Appeal No.21-I and Criminal Revision No. 2-P of 2019). Wilayat Khan
Jail Criminal Appeal No. 20-I, Criminal Appeal No. 21-I and Criminal Revision No. 2-P of 2019, decision Dated: 28-01-2020, hearing Date : 28-01-2020.
SYED MUHAMMAD FAROOQ SHAH AND SHAUKAT ALI RAKHSHANI, JJ
Mian Fahim Akbar for Appellants (in Jail Criminal Appeal No.20-I and Criminal Appeal No.21-I of 2019). Muhammad Saeed Khan for the Complainant (in Jail Criminal Appeal No.20-I, Criminal Appeal No.21-I and Criminal Revision No. 2-P of 2019). Wilayat Khan
SAJJADULLAH AND OTHERS
VS
THE STATE AND OTHERS
Law: Offences Against Property (Enforcement of Hudood) Ordinance, 1979
Section: 1794)
Law: Penal Code (XLV of 1860)
Section: 302(b)(c),394
Law: Criminal Procedure Code (V of 1898)
Section: 221,222,223,225,367
Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979)--- ----S. 17(4)---Penal Code (XLV of 1860), Ss. 302(b)(c) 394---Criminal Procedure Code (V of 1898), Ss. 221, 222, 223, 225 367---Qatl-i-amd and Robbery---Appreciation of evidence---Framing of charge, requisites of---Non-specifying role--- Effect--- Accused persons were convicted and sentenced to imprisonment for life for committing qatl-i-amd of deceased---Plea raised by accused persons was that passed by Trial Court was devoid of legal veracity and claimed de novo trial---Validity---Trial Court while framing charge had not adhered to requisites of framing charge contemplated under Ss. 221, 222 223 of Cr.P.C.---Neither Trial Court specified the roles of each accused person played by them nor specified that as to whether offences were committed by them conjointly in furtherance of common intention or individually---Even name of deceased was wrongly mentioned and charge so framed misled defence to take plea which was in violation of S.225, Cr.P.C. and culminated into miscarriage of justice and caused prejudice---Judgment rendered by Trial Court was not in consonance with S. 367(1)(5), Cr.P.C.---Federal Shariat Court set aside passed by Trial Court and remanded matter for de novo trial by framing charge strictly in accordance with provisions of law---Order accordingly. Murad Baloch v. The State 2011 SCMR 1417; Farrukh Sayyar and 2 others v. Chairman, NAB Islamabad and others 2004 SCMR 1 and Sahib Khan and 4 others v. The State and others 1997 SCMR 871 rel. JUDGMENT SHAUKAT ALI RAKHSHANI, JUSTICE:---.--- Indictment of homicidal culpability during the course of robbery culminated into the conviction and sentence after a full dress trial on 07th of November 2019 ("Impugned Judgment") penned by Additional Sessions Judge/Judge, Model Criminal Trial Court, Swabi ("Trial Court") whereby the Appellant Sajjadullah was convicted under section 302(b) of The Pakistan Penal Code (XLV of 1860) ("Penal Code") and sentenced to undergo for life imprisonment as Tazir as well as to pay compensation under section 544-A of The Code of Criminal Procedure (Act V of 1898) ("The Code") to the tune of Rs. 200,000/-…
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