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Petitioner: Fouji Imam Ali son of Ali Akber Jamali VS Respondent: The State
Court Name: Sindh High Court Judge(s): Muhammad Shafi Siddiqui, Irshad Ali Shah Title: Fouji Imam Ali son of Ali Akber Jamali vs The State Case No.: (1) Crl. Appeal No. D -34 of 2020 (2) Confirmation case No.14 of 2020 Date of Judgment:2020-12-02 Reported As: 2020 SHC 1158 Result: Appeal disposed off
JUDGMENT
JUDGMENT IRSHAD ALI SHAH, J. The facts in brief necessary for disposal of instant appeal and death reference are that the appellant allegedly committed Qatl-e-Am d of Haji Muhammad and Zaheer Ahmed by causing them fire shot injuries, for that he was booked and reported upon by the police. The charge framed against the appellant to proceed with the case does not contain the name of deceased Zaheer Ahmed, such omission being material in its character has rendered the very charge to be defective and illegal one, which could not be cured in terms of section 537 Cr.P.C as it has not only occasioned in failure of justice but has prejudiced the appellant seriously in his defence which is contrary to the mandate contained by Article-10/A of the Constitution of the Islamic Republic of Pakistan 1973. 2. Learned counsel for the parties when were confronted with the above legal flaws in the impugned judgment were fair enough to concede for the remand of the matter to learned trial Court for re-writing of the judgment. 3. In view of above, the impugned judgment is set aside with direction to learned trial Court to frame the charge against the appellant afresh and then to proceed with the case denovo in accordance with law . 4. The instant appeal and reference are disposed of accordingly .