Habibullah Panhwar vs The State
This criminal appeal arises from a judgment of the 1st Additional Sessions Judge/MCTC, Qamber, which convicted the appellant for murder and house trespass, sentencing him to death. The appellant challenged the conviction, and the trial court referred the matter for confirmation of the death sentence. The core legal question before the High Court was whether the trial court's failure to examine the medical officer and the denial of the appellant's right to cross-examine the Investigating Officer constituted a violation of the right to a fair trial. The High Court held that the trial court's procedural lapses, specifically the failure to examine the medical officer and the improper handling of the Investigating Officer's testimony, violated the appellant's constitutional right to a fair trial. Consequently, the Court set aside the impugned judgment and remanded the case for a de novo trial, directing the trial court to examine the medical officer and provide the appellant with the opportunity to cross-examine the Investigating Officer. The judgment reaffirms the principle that strict adherence to procedural fairness and the right to cross-examination are essential components of a fair trial under the Constitution.
- Does the failure to examine a medical officer in a murder trial violate the right to a fair trial?
- Is a trial court's decision to copy and paste cross-examination from one witness to another a valid ground for setting aside a conviction?
- Can a conviction be upheld if the accused was denied the opportunity to cross-examine the Investigating Officer?
- Section 452, Pakistan Penal Code 1860
- Section 302(b), Pakistan Penal Code 1860
- Article 10-A, Constitution of Islamic Republic of Pakistan 1973
1. IRSHAD ALI SHAH, J;- It is case of prosecution that the appellant with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, by making trespass into house of one Ghulam Nabi, committed murder of Muhammad Bux by causing him fire shot injuries and then went away by making aerial firing to create harassment. On due trial, all the accused involved in the said incident were acquitted excepting the appellant, he besides his conviction under section 452 PPC, was convicted and sentenced to death with fine of Rs.20,00,000/- payable to legal heirs of the said deceased for offence punishable under section 302 (b) PPC, by learned 1st Additional Sessions Judge/MCTC, Qamber , vide judgment dated 06.02.2020, which has been impugned by the appellant before this Court by preferring the criminal appeal from jail and a reference is also made by learned trial Court for confirmation of death sentence to the appellant.
2. At the very outset, it is pointed out by learned counsel for the parties that the medical officer has not been examined by the prosecution and no opportunity is provided to the appellant to make cross examination to the Investigating Officer. By such contention, it is stated by them that the cross examination already made to PW/Mashir Ayaz Hussain is copied and then put/pasted under the examination in chief of Investigating Officer. By that act, learned trial Court has denied the right of fair trial to the appellant, which is contrary to the mandate contained by Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973 . By contending so, they unanimously sought for remand of the case for fresh trial in accordance with law .
3. In view of above, the impugned judgment to the extent of appellant is set aside with direction to learned trial Court to examine the medical officer in accordance with law and re-call the Investigating Officer for purpose of cross examination to be made by the appellant and then to decide the case afresh in accordance with law .
4. The instant criminal jail appeal and reference are disposed of accordingly .