' AMER RAZA NAQVI, J.---This appeal has been filed against judgment dated 14-11-2012, whereby both the appellants were convicted and sentenced to suffer R.I for seven years each and fine of Rs,10,000 for the charge framed against them on 3-12-2011 in respect of FIR No,254/11 under sections 353/324/34, P.P.C., Police Station Awami Colony, District East, Karachi.
2. Learned counsel for the appellants read the evidence and argued the case at some length.
During the arguments it has been noted that appellants have taken a specific plea that they were brought to hospital by their brothers. They have put this question specifically to P.W-3 Dr. Farhat Abbas, who admitted that both the appellants were brought to the hospital by their brothers namely. Zakir and Suleman, however, witness stated that S.I Ghulam Akbar was also there. Both the appellants while recording their statements under section 342, Cr.P.C. Stated that they want to examine their respective brothers in their defence. These, statements were recorded on 25-8-2012.
The diaries of the trial Court do not show that the case was fixed for defence evidence on any date after recording of statements of appellants/ accused before the trial Court on 25-8-2012, after few dates of hearing the judgment was announced on 14-11-2012.
3. In my view the right of the appellants has been prejudiced as they were not given proper opportunity to produce defence witnesses in their favour and despite the fact that they specifically mentioned that they want to examine their brothers in their defence, the matter was never fixed for such purpose.
4. Learned APG fairly stated that trial Court should have given fair opportunity to the accused to produce defence witnesses before the Trial Court.
5. In view of above facts and circumstances judgment impugned dated 14-11-2012 passed in Sessions Case No,1198/2011 by Ist Additional Sessions Judge, Karachi East convicting and sentencing the appellants is set aside and case is remanded back to the Trial Court with the direction that appellants/accused before the trial Court should be given fair opportunity to produce the defence witnesses in their favour, after giving such opportunity and if appellants so choose, after examining the witnesses for defence fresh judgment should be passed by the trial Court.
6. Both the learned counsel appearing for the appellants submit that currently the trial Court is lying vacant and therefore delay will be caused and in such situation matter may be transferred to some other Court. The learned District Judge, Karachi East is directed that in case the Court of Ist Additional Sessions Judge, Karachi East is vacant, the matter may be assigned to some other Additional Sessions Judge for disposal of the case in accordance with law.
' This criminal appeal in terms of above order is allowed and stands disposed of. Office is directed to return the R&Ps to the trial Court.