Law: Penal Code (XLV of 1860)

Section: 302(b),324,337-A(i)

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324 337-A(i)---Qatl-i-amd, attempt to commit qatla-i-amd, shajjah-e-madihah---Appreciation of evidence---Accused was charged for causing injuries on the person of complainant and also committed murder of the companion of the complainant by firing---Perusal of record revealed that complainant was the sole eye-witness available with the prosecution---Statement of the DFC was recorded on 04.05.2017 and on that very day the statement of the complainant which had earlier been recorded in the proceedings under S.512, Cr.P.C. was transported to the record of the present case---Trial Court had not made any further efforts for procuring the attendance of the said complainant---Statement of the DFC that the said complainant had gone to foreign country for earning his livelihood was considered as sufficient evidence of the fact itself---No further evidence of the fact that he had in-fact left the country could be called by the Trial Court so as to satisfy itself that the accused had in-fact left the country---Mere statement of DFC was made the basis for transposing the statement of the prosecution witness recorded under S.512, Cr.P.C., which was not a safer course and could not be allowed, in circumstances---Being the sole eye-witness of the occurrence as well as complainant in the case he was not only important for the prosecution but for the defence as well (for the purpose of his cross-examination)---Cross-examination upon said witness would have also been beneficial for the Trial Court as well as High Court for achieving its due satisfaction for the purpose of safe administration of justice---Circumstances established that the Trial Court had not taken the required care and caution in the case---Appeal was partially allowed by setting aside conviction and sentences recorded by the Trial Court and case was remanded back to the Trial Court with the direction to make all-out efforts to procure the attendance of complainant for recording his testimony in the court before resorting to the measure of transposition of the statement recorded under S.512, Cr.P.C. Mrs. Shagufta Shaheen v. The State 2019 SCMR 1106 ref. Fazal…

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