2006 PLP 3249 (YLR)

MUHAMMAD FARRUKH MAHMUD, J.

Basharat Ali son of Muhammad Aslam, appellant along with his father and brother Muhammad Aamer were sent up to face trial in case F.I.R. No.186 dated 24-5-1996 registered at Police Station, Nishatabad, District Faisalabad, for offences under sections 302/34/337-A(ii)/337-L(ii), P.P.C. for causing murder of Muzaffar Hayat and injuries to Mudassar Hayat/P. W .2.

2. Vide judgment dated 8-9-2001 Mr. Muhammad Irshad Sipra, Additional Sessions Judge, Faisalabad, while acquitting Muhammad Aslam and Muhammad Aamer co-accused, convicted Basharat Ali, appellant for offence under section 302(b), P.P.C. and sentenced him to death. He was also directed to pay fine of Rs.50,000 which on realization was to be paid to the legal heirs of the deceased Muzaffar Hayat under section 544-A, Cr.P.C., in default of payment thereof Basharat Ali was to suffer simple imprisonment for six months.

3. Feeling aggrieved Basharat Ali has challenged his conviction and sentence through Criminal Appeal No.1439 of 2001. Murder Reference No.656 of 2001 seeking confirmation of death sentence or otherwise has also been placed before us.

4. In the same case cross version was recorded on the statement of Muhammad Tahir son of Muhammad Ilyas and Nasir Sharif, Faisal Sharif, Umar Hayat and Mudassar Hayat were sent up to face trial for offences under sections 324/34, P.P.C., who were acquitted through the same judgment. Muhammad Tahir, complainant in cross-version has filed Criminal Appeal No.1544 of 2001 against acquittal of Nasir Sharif, Faisal Sharif, Umar Hayat and Mudassar Hayat. Thus we propose to decide these matter through this consolidated judgment.

5. It has been noticed by us that the learned trial Court framed charge against Basharat Ali, appellant and acquitted co-accused Muhammad Aslam and Muhammad Aamer on 22-6-2000 and recorded the statements of 11 P.Ws. The learned trial Court thereafter recorded the statements of the accused on 10-8-2001. In cross-version, charge was framed for offences under section 324/34, P.P.C. against Nasir Sharif, Faisal Sharif, Umar Hayat and Mudassar Hayat on 12-6-2000. After completion of prosecution evidence the statements of the accused were recorded on 10-8-2001 thereafter the learned trial Court decided both the cases through single judgment by using the evidence of one casein other case and thus committed patent error, as each case was to be decided on the basis of evidence led in that case and separately. It is well-settled law that evidence of one case could not be read in the other case and each case was to be decided on its own evidence led therein. It was observed by the Apex Court in the case of Muhammad Khurshid v. The State PLD 1963 SC 157 as follows:-- "The Evidence Act does not make findings arrived at on the evidence before the Court in one case evidence of that fact in another case. Each case is to be judged upon its own facts established by the evidence led therein." Similar view was taken by the Honourable Supreme Court of Pakistan in the cases of Wazid Moral alias Wazid Ali and 13 others v. The State and another 1970 SCMR 256 and Khushi Muhammad alias Natho v. The State 1986 PSC

571. Hence we set aside the judgment and remand the case of Basharat Ali to the Court of learned Sessions Judge, Faisalabad, from the stage of arguments. Similarly cross-version case titled State v. Nasir Sharif, Faisal Sharif, Umar Hayat and Mudassar Hayat is also remanded to the Court of learned Sessions Judge, Faisalabad, from the stage of arguments. The learned Sessions Judge would himself decide both the cases within two months after receipt of this judgment and record of both the cases, under intimation to the Deputy Registrar (Judicial) of this Court. Record of both the cases be remitted to the learned trial Court forthwith. However, this judgment will not affect the acquittal of Muhammad Aslam and Muhammad Aamer, which was not challenged.

5. Both the appeals are allowed in the above noted terms.

6. As the impugned judgment has been set aside and the case has been remanded, Murder Reference No.656 of 2001 has become infructuous and disposed of accordingly. H.B.T./B-28/L Order accordingly.