Complainant/ injured succumbed to the injury

Citation Name : 2018 PCrLJ 1363 PESHAWAR-HIGH-COURT
Side Appellant : AJMAL KHAN
Side Opponent : State
Ss.9(a), 31-A & 32---Criminal Procedure Code (V of 1898), S.353---Embezzlement and abscondance---Appreciation of evidence---Recording of evidence in ABSENCE OF ACCUSED ---Arrest of proclaimed offender---Procedure of trial---Accused was declared proclaimed offender who was arrested during pendency of trial of co-accused---Accused was convicted and sentenced by Trial Court for committing embezzlement and willfully remaining absconder on the basis of evidence recorded in his absence---Plea raised by accused was that evidence relied upon by Trial Court for convicting him was recorded in his absence---Validity---Trial Court had neither given opportunity to accused of cross examining witnesses who were examined in his absence except investigating officer nor framed fresh charge against co-accused already facing trial on commencement of trial against accused---Safe and proper course for Trial Court was either to pronounce judgment against co-accused on conclusion of trial against him or to have charged both accused afresh for de novo trial---Trial Court did not adopt either of the two alternatives and had committed an illegality---High Court set aside conviction and sentence awarded to accused and remanded the case to Trial Court to frame fresh charge against accused and proceed for trial afresh in accordance with law---Appeal was allowed accordingly.

Citation Name : 2018 PCrLJ 69 PESHAWAR-HIGH-COURT
Side Appellant : HAQ NAWAZ
Side Opponent : State
S. 302(b)---Criminal Procedure Code (V of 1898), S. 512---Qatl-i-amd---Appreciation of evidence---Statement of witness in ABSENCE OF ACCUSED ---Scope---Prosecution case was that complainant in injured condition lodged report that accused-appellant while armed with .303-bore rifle fired at him, which hit on his left thigh---Complainant/ injured succumbed to the injury---Ocular account was furnished by a witness---Record showed that witness of ocular account appeared before the court on 29.8.2015 but his statement could not be recorded due to absence of counsel for the complainant---Said witness was abandoned being won-over on 2.9.2015---Application was later on submitted for transferring the statement of said witness already recorded during trial under section 512 Cr.P.C., which was allowed and statement of said witness was transferred---Said witness was neither dead nor his attendance could not be procured---Said transfer of statement of witness was legally not correct because the accused-appellant was deprived of cross-examining the witness---Statement of witness of ocular account, in circumstances, was not worth reliance and was ruled out of consideration.