Law: Criminal Procedure Code (V of 1898)

Section: 540

Law: Constitution of Pakistan, 1973

Section: 10-A

Criminal Procedure Code (V of 1898)--- ----S. 540---Constitution of Pakistan, Art. 10-A---Power to summon material witness or examine persons present---Right to fair trial---Scope---Provisional and final medical certificates with regard to injury allegedly sustained by the injured person were taken on record by the Trial Court without putting the accused or his counsel on notice---Case being a murder appeal in all fairness, after closure of side; those documents ought to have been brought on record in terms of mandate contained by S. 540, Cr.P.C., by summoning its author---Without having such recourse by taking those documents on record, the accused had been prejudiced in his defence seriously, which was contrary to the mandate contained in Art. 10-A of the Constitution, which prescribed the right of fair trial to every person---Impugned was set aside with direction to the Trial Court to bring the documents on record in terms of mandate contained in S. 540, Cr.P.C. by summoning its author and then decide the case afresh---Appeal was disposed of accordingly. JUDGMENT IRSHAD ALI SHAH, J.---It is case of prosecution that the appellant with rest of culprits, after having formed an unlawful assembly and in prosecution of their common object, committed murder of Dadan and then went away by causing injury to PW Asif Ali, with intention to commit his murder too, for that the present case was registered. 2. On due trial, the appellant was found guilty for the above said offence and was convicted and sentenced to various terms of imprisonment including death by learned 1st Additional Sessions Judge/ MCTC, Qamber, vide judgment dated 15.06.2021, which is impugned by the appellant before this Court by preferring the instant criminal appeal from jail. A reference is also made by learned trial Court for confirmation of death sentence to the appellant. 3. It is contended by learned counsel for the appellant that after closing side, the prosecution by way of statement filed provisional and final medical certificates issued in respect of injured PW Asif Ali, those have been taken on record by learned trial Court without putting the appellant or his counsel on notice whereof and…

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