Law: Penal Code (XLV of 1860)

Section: 324

Penal Code (XLV of 1860) S.324‑‑‑Appreciation of evidence‑‑‑Date of incident had been wrongly mentioned in the charge by the Trial Court‑‑‑No. time of occurrence was given in the charge ‑‑‑Cross examination of witness was not rightly conducted‑‑‑Injury on the person of the injured witness was not described by the Doctor according to the category of the injuries now on the Statute Book‑‑‑Signature of the accused did not appear on his statement recorded under S.342, Cr. P. C. which was a mandatory requirement‑‑‑Such irregularities and illegalities had made the trial illegal‑‑‑Conviction and sentence of accused were consequently set aside and the case was remanded to the Trial Court for retrial in accordance with law. Date of hearing: 11th April, 2001.                                                                                                                                                    JUDGMENT This appeal under section 410, Cr.P.C. at the instance of appellant/convict Khursheed Hussain alias Nayyab son of Sultan Hussain, is directed against the judgment, dated 1st April, 1996 passed by the learned IIIrd Additional Sessions Judge, Karachi (Central), whereby the appellant has been convicted under section 324, P.P.C. (Qisas and Diyat) and has been sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.1,000 or in default to suffer rigorous imprisonment for three months more. Mr. Shahadat Awan, learned counsel for the appellant has submitted at the very outset that before dilating on the merits, he would try to persuade this Court for the remand of case to the trial Court, because of various irregularities and illegalities in the proceedings. Mr. Shahadat Awan has pointed out that the incident took place on 3rd of. April, 1992 at about 10‑20 a.m. However in the charge,…