1986 P Cr (PLP)

MUHAMMAD MUNIR KHAN, J.‑‑These three Criminal. Appeals No. 454/81 by Ghayyur alias Ghori and Qayyum alias Qooma, Criminal Appeal No. 460/81 by Ghulam Hussain and Ladha, Criminal Appeal No. 147/81 by Khair Muhammad and Ghulam Rasool appellants, connected Murder Reference No. 53/82 and the connected Criminal 'Revision No. 88/81 by Taj Din complainant for the enhancement of sentence arise from the judgment of learned Additional Sessions Judge, Muzaffargarh, whereby he, on 8‑8‑1981 convicted the appellants under sections 302, 148 and 149, P.P.C. and sentenced them as under:‑ U/S 148, P.P.C. All the six accused to R. I. for 3 years. U/S 149, P.P.C. All the six accused to R. I. for 10 years. U/S 302, P.P.C. Ghayyur and Qayyum appellants to death. It was directed that all the 6 accused shall pay Rs.3,000 each as compensation to the legal heirs of the deceased or in default thereof imprisonment for 6 months. We propose to dispose of them through single judgment.

2. Since after hearing the learned counsel for the parties, we feel inclined to set aside convictions and sentences of the appellants and send back the case for re‑writing judgment, we need not set out the facts in detail and enter into the merits of the case. We find that the judgment of the trial Court is highly confusing. The relevant portion of the judgment may be reproduced advantageously: "However, the prosecution has proved its case, in the light of above evidence and discussion, against the accused persons under sections 148, 149 and 302, P.P.C. Hence, they are held guilty and convicted for the offences punishable under said provisions and sentenced as under:‑ All the six accused persons are to undergo the R.I. for a term of three years under section 148, P.P.C. and R.I. for the period of ten years under section 149, P.P.C. Both the sentence: will run concurrently. Accused Ghayyur and Qayyum are also sentenced to death, under section 302, P.P.C. for committing the murder of Fakhar‑ud‑Din and they are to be hanged by neck till their death The other four accused persons namely, Ghulam Rasool, Ghulam Hussain, Ladha and Khair Muhammad alias khair Din are not sentenced under section 302, P.P.C. for they arc attributed no over-tact towards the commission of the murder '' Strangely enough, the learned trial Court has convicted all the appellants under section 149, P.P.C. and awarded sentence of 10 years R.I. under this section which is not a substantive offence: In one place, the learned trial Court has stated that the prosecution has proved a case of murder against all the appellants and they are convicted under section 302, P.P.C. but instead of awarding punishment under section 302/149, P.P.C sentenced them under section 149, P.P.C. to 10 years' R.I. We have examined the judgment carefully. There appears to be no honest error in the judgment. No doubt, in Criminal Procedure Code, no particular form of judgment is prescribed as section 367, Cr P.C. merely requires that the Court will set‑forth the points for determination and will, then, come to a finding upon them. The main requirements of section 367, Cr.P.C. are to the effect that the judgment must be reasonably lucid because this will assist an Appellate or Revisional Court when reviewing the case at large before it at later stage. Failure to comply with the provisions would normally vitiate the judgment. Since the judgment of the trial Court is not a lucid one and suffers from ambiguities, it is neither complete nor self‑contained one, therefore, there is no option but to accept the appeals and set aside the convictions and sentence of the appellants and remand the case for re‑writing a legal and proper judgment. Zulfiqar Ali Khan, Additional Sessions Judge, Muzaffargarh has since been transferred from Muzaffargarh, so, the case be sent to the learned Sessions Judge, Muzaffargarh, who would re‑write the judgment, after hearing the parties, without being influenced by the earlier judgment passed by the learned Additional Sessions Judge. Resultantly, the connected criminal revision fails. The sentence of death is not confirmed. H.A.K Case remanded.