Law: Penal Code (XLV of 1860)

Section: 395,397,337A(i),337F(iii),337H(2)

Law: Offences Against Property (Enforcement of Hudood) Ordinance, 1979

Section: 17(2),17(3)

Penal Code (XLV of 1860)-------Ss. 395, 397, 337-A(i), 337-F(iii) & 337-H(2)------Appreciation of evidence--Dacoity, robbery or dacoity with attempt to cause death or grievous hurt, shajjah-i-khafifah, ghayr-jaifah-mutalahimah, rash or negligent act to endanger human life or personal safety of others---Jurisdiction of the Court---Scope--First Information Report was registered under the provisions of P.P.C, however, charge against accused was framed under Ss.17 (2) & 17 (3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, and he was tried in consonance of the charge---On conclusion of trial, the accused was convicted and sentenced under the provisions of P.P.C, but before handing down the judgment, the Trial Court did not alter the charge---Besides, the sentence awarded to the accused also exceeded two years, therefore, the appeal would lie before Federal Shariat Court and not before the High Court---Since the "charge" was framed under Hudood Laws and accused was tried for the said "charges" namely, Hudood Laws, as such the "result" /"fate" of the trial would not change the jurisdiction of the Court, but it was the "charge", on basis of which the jurisdiction of the Court would be decided---Accordingly, the office was directed to send the appeal along with its record to the Federal Shariat Court through its Registrar---Order accordingly.Ali Dino and another v. The State 2017 PCr.LJ 578 ref.Juman and another v. The State PLD 2016 Sindh 191 rel.Date of hearing: 15th April, 2024.JUDGMENTMUHAMMAD SALEEM JESSAR, J.--- Through instant appeal, appellant Akbar son of Gaman alias Hazoor Bux Jatoi has impugned the judgment dated24.12.2022 passed by learned Additional Sessions Judge-V, Shikarpur, vide Sessions Case No. 137 of 2022, Re; State v. Akbar Jatoi, arisen out of FIR No. 08 of 2021 registered with P.S Abad-Milani, for offences punishable under Sections 395, 397, 337-A (i), 337-F (iii) and 337-H (2) P.P.C. The trial Court framed charge agaisnt appellant under sections 17 (2) and 17 (3) of the Offence Against Property (Enforcement of Hudood) Ordinance, 1979. However, after recording evidence as per the charge the learned trial Court…