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Petitioner: KHALID AHMED VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Shamsuddin Hisbani, Muhammad Moosa K. Laghari Title: KHALID AHMED vs THE STATE Case No.: Cr. Jail Appeal No.D-136 of 2004 and Confirmation Case No.5 of 2004 Date of Judgment:2005-10-26 Reported As: 2006 YLR 351 Result: Case remanded
JUDGMENT
JUDGMENT ' MUHAMMAD MOOSA K. LEGHARI, J.---The appellant was convicted by (Mr. Khan Parvez Chano), Sessions Judge, Sanghar vide judgment ciAted 30-7-2004 in Sessions Case No.97 of 2004, arising out of Crime No.76 of 2004 registered at Police Station, Sanghar. ' The appellant was convicted under section 302(a), P.P.C. He was awarded death sentence only on the basis of his plea of guilt. Apparently the appellant was not given show-cause notice as to why he was pleading guilty. ' Learned A.A.-G. After going through the judgment reported in 2005 PCr.LJ 1884 arising out of the same point, has candidly conceded that the judgment was against settled principle of law, thus it was not sustainable and liable to be set aside. ' For the above reasons, the murder reference is not confirmed. ' The appellant has been produced in custody and is remanded. He shall be produced before the trial Court as and when so ordered.