Ch. Mushtaq Ahmad, J.--Iftikhar alias Puppi and Nasir, appellants have challenged their conviction and sentences through the above cited criminal appeal. They were tried in case FIR No, 430 dated 8.12.2009 under Sections 302, 394, PPC registered at Police Station Saddar Chieiawatni, District Sahiwal. On culmination of trial, learned Additional Sessions Judge, Chichawatni vide judgment dated 19.4.2010 convicted and sentenced the appellants as under:- IFTIKHAR ALIAS PUPPI Convicted u/S. 302(b), PPC and sentenced him to Death for committing Qatl-e-Amd of Muhammad Ashraf, deceased with payment of Rs, 5,00,000/- to legal heirs of deceased in terms of Section 544-A, Cr.P.C. And in the event of default thereof to undergo further simple imprisonment for six months.
Convicted u/S. 394, PPC and sentenced to Imprisonment for life with fine of Rs, 50,000/- and in the event of default thereof to undergo further simple imprisonment for six months with benefit of Section 382-B, Cr.P.C.
NASIR ALI Convicted u/S. 394, PPC and sentenced to Imprisonment for life with fine of Rs, 50,000/- and in the event of default thereof to undergo further simple imprisonment for six months with benefit of Section 382-B, Cr.P.C.
2. State has also preferred Murder Reference No, 118 of 2010 for confirmation of death sentence awarded to the convict Iftikhar alias Puppi. We propose to dispose of both these matters through this consolidated judgment.
3. During arguments it has been noticed that present appellants were indicted on 22.1.2010 by learned Additional Sessions Judge, Chichawatni. Firstly, they were charged on account of committing robbery by snatching motorcycle, cash amount and gold ring and voluntarily causing hurt to Muhammad Ashraf an offence punishable under Section 394, PPC and secondly, that they committed Qatl-e-Amd of Muhammad Ashraf in furtherance of common intention by causing grievous hurt through fire-arm weapon. After recording evidence learned trial Judge proceeded to decide the case vide impugned judgment dated 19.4.2010. Present appellants were found connected with the offence by which they were charged u/S. 302/34, PPC of committing Qatl-e- Amd of Muhammad Ashraf. In the operative part of judgment learned trial Court only convicted appellant Iftikhar alias Puppi for committing murder of Muhammad Ashraf, deceased under Section 302(b), PPC and sentenced him to death with a direction to pay compensation of Rs, 5,00,000/- to legal heirs of deceased under Section 544-A, Cr.P.C. The impugned judgment is silent about criminal liability of appellant Nasir Ali. Neither he was acquitted on the charge of Qatl-e- Amd of Muhammad Ashraf nor covicted.
4. On the above point, impugned judgment is vague. It was required under the law (Section 367, Cr.P.C.) either to acquit or convict the appellant Nasir Ali. Community of intention as contemplated u/S. 34, PPC was an important question which has been left undecided.
5. As a sequel to the above, impugned judgment dated 19.4.2010 passed by learned Additional Sessions Judge, Chichawatni is set aside and case is remanded to the trial Court for re-writing of judgment keeping in view the above noted aspect of the case after providing an opportunity of hearing to the parties within three months from receipt of certified copy of this judgment along with record.
6. Consequently, death sentence awarded to convict Iftikhar alias Puppi is not confirmed. Murder Reference No, 118 of 2010 is answered in Negative.