Sadaqat Ali Khan, J.--Learned DPG points out that in case FIR No. 335 dated 08.8.2010 registered under Section 302/148/149, PPC Police Station Shorkot City, District Jhang challan was submi tted, against Muhammad Nazir , Muhammad Akhtar , Ibrahim, Muhammad Yousuf (acquitted accused), and Umar Hayat (appellant) whereas Mst.
Rukhsana Bibi alias Roquayya Bibi had also filed private complaint regarding the same occurrence against Abdul Sattar (complainant) of above mentioned state case, Muhammad Younus, Abdul Shakoor and Bashir Ahmad (acquitted accused) who are not the accused of state case mentioned above.
2. Both these cases were tried separately by the learned trial Court but at the end learned trial Court has passed the consolidated impugned judgment which is illegal. Learned counsel for the appellant namely M/s. Usman Naseem, Muhammad Asif Mahmood advocates `and the learned counsel for the complainant Mr. Muhammad Ashraf Shagufta, Advocate considering above submit that consolidated impugned judgment is not maintainable in the eyes of law .
3. In view of above, following the dictum, laid down by the Hon'ble Supreme Court of Pakistan in case reported as "Niaz Ahmed, vs. Hasrat Mahmood and others (PLD 2016 Supreme Court 70), the impugned judgment with the consent of both the learned counsel for the parties is hereby set aside and the matter is remanded back to the learned trial Court for re-writing of the judgment in accordance with law. M.R. No. 215 of 2013 is answered in NEGA TIVE and death sentence of Umar Hayat alias W atto appellant is NOT CONFIMRED. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.