| Case ID |
307abe8c-1c7d-4555-b0d9-0dc28aaad1ed |
| Body |
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| Case Number |
D-71 and Confirmation Case No. 15 of 2017 |
| Decision Date |
Apr 06, 2021 |
| Hearing Date |
|
| Decision |
The conviction and death sentence of the appellant, Munawar Ali, were set aside due to procedural irregularities during the trial. The trial court had adopted evidence from a previous charge without re-examining witnesses after amending the charge, which violated Section 231 of the Criminal Procedure Code. This adoption of evidence was deemed contrary to the law and prejudicial to the appellant's right to a fair trial. Consequently, the case was remanded to the trial court for a fresh examination of the evidence from the witnesses, ensuring compliance with legal procedures and due process requirements. |
| Summary |
This case involves the appeal of Munawar Ali against his conviction for murder under sections of the Penal Code and Criminal Procedure Code. The Sindh High Court found that the trial court failed to follow proper legal procedures by adopting previously recorded evidence after amending the charges. The court emphasized the importance of a fair trial and adherence to legal standards, specifically referencing Section 231 of the Criminal Procedure Code. The judgment highlights the significance of ensuring that all parties have the opportunity to present their cases fully, especially when charges are amended, to avoid miscarriages of justice. The ruling reinforces the principles of due process and the rights of the accused, setting a precedent for future cases involving similar procedural issues. |
| Court |
Sindh High Court, Hyderabad Bench
|
| Entities Involved |
Not available
|
| Judges |
Naimatullah Phulpoto,
Kausar Sultana Hussain
|
| Lawyers |
Syed Shahzad Ali Shah,
Syed Shafique Ahmed Shah,
Shahzado Salim Nahyoon
|
| Petitioners |
Munawar Ali
|
| Respondents |
The STATE
|
| Citations |
2023 SLD 525,
2023 PCRLJ 648
|
| Other Citations |
Rajib Ali Naich and others v. The State 2019 MLD 306,
Muhammad Asif v. The State 2019 PCr.LJ 521,
Naimatullah v. The State 2018 PCr.LJ Note 64,
Allah Dino and 2 others v. The State 2018 PCr.LJ 200,
Sibghatullah v. The State 2020 MLD 776
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302(b),
114,
34,
231
|