| Citation(s) |
|---|
| 2007 SLG 3018 2007 SLD 3018 2007 PLJ 169 |
Sindh High Court
Crl. As. Nos. S-133, S-134 and S-136 of 2002, decided on 21.9.2006.
MRS. QAISER IQBAL, J.
Mr. Madad Ali Shah, for Appellants (in Criminal Appeals No. S-133, S-134 and S-136 of 2002). Mr. Amir Ali M. Thari, for State (in Criminal Appeals Nos. S-133, S-134 and S-136 of 2002)
Crl. As. Nos. S-133, S-134 and S-136 of 2002, decided on 21.9.2006.
MRS. QAISER IQBAL, J.
Mr. Madad Ali Shah, for Appellants (in Criminal Appeals No. S-133, S-134 and S-136 of 2002). Mr. Amir Ali M. Thari, for State (in Criminal Appeals Nos. S-133, S-134 and S-136 of 2002)
SULLEMAN---Appellant
VS
STATE--Respondent
Law:
Section:
Pakistan Penal Code, 1860 (XLV of 1860)- ----S. 193--Criminal Procedure Code (V of 1898), S. 4(h) & 410--Appreciation of evidence--Main offender in the case having expired during pendency of appeal, appeal filed by appellant had abated--No written complaint was available before the Trial Court, to take cognizance in the matter except show-cause notice issued on behalf of Sessions Judge, which was treated as complaint in writing--Validity--Show-cause notice issued by Sessions Judge, could not be presumed to be a complaint in writing by Inquiry Officer upon which cognizance was taken--Complaint in writing was a mandatory requirement under the law to take cognizance, which was missing in the case--Accused had already filed their affidavits in support of their case and had faced the trial for about twelve years on account of delay in conclusion of trial--Impugned was set aside--Accused being on bail, their bail bonds, were cancelled, in circumstances. [Pp. 170 & 172] A, B & C SBLR 2003 Sindh 591; 1984 PCr.LJ 2797 and 2002 PCr.LJ 1427 rel. Judgment By this common judgment, I propose to dispose of Criminal Appeals Nos. S-133 of 2002, 134 of 2002 and 136 of 2006. Being aggrieved and dissatisfied from the judgment passed by learned IInd Additional Sessions Judge, Dadu, in Sessions Case No. 448 of 1994, whereby the appellants were convicted under Section 193, P.P.C. to undergo R.I. for three years each and to pay fine of Rs. 20,000, in case of default of payment of fine, to undergo R.I. for one year more, they have resorted to file the appeals. The appellants were booked in the commission of the crime, that one Muhammad Bux son of Ghulam Muhammad was convicted under Section 302, P.P.C. by Sessions Judge, Dadu, vide judgment dated 2-12-1991 for committing murder of Allah Jurio. He preferred appeal in , the High Court of Sindh, which was dismissed on 17-9-1992. An application under Section 345, Cr.P.C. was filed in the Court of Sessions Judge, Dadu, which was dismissed on 6-3-1993 the petition for leave to appeal was filed before the Honourable Supreme Court of Pakistan and application of compromise filed by one Punhoon complainant in the case claiming to be…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492