Chief Justice of Pakistan (CJP) Asif Saeed Khosa on Tuesday stated that high court should not refer the cases to trial courts if shortcomings were found in their decisions. At Karachi registry of Supreme Court (SC), CJP heading a three-member bench observed that high court should remove the shortcomings in the decisions of trial courts by listening to both parties in the cases.
CJP made these observations in the hearing of an appeal in the case of death of Yasir Nawaz, son of a civil judge in road accident. Apex court declared 25-year imprisonment handed down by Sindh High Court (SHC) void to accused Asad Ali. In 2004, Yasir Nawaz, son of a civil judge was killed in a road accident. The family of the deceased lodged the murder case against the accused. Trial Court had awarded 25-year imprisonment to the accused.
High court referred back the appeal of convicted Asad Ali to the trial court, police informed the apex court. Apex court turned down the decision of high court to refer the appeal of Asad Ali to trial court and observed that high court should not refer the cases to trial courts on the basis of any shortcoming in their decisions.
Disposing of the appeal against conviction in murder case, apex court maintained the judgment of SHC, which converted the death penalty to life-time imprisonment handed down by trial court. A trial court awarded death sentence and life-term imprisonment to Gadda Hussain and Nizamuddin respectively in the murder of a person namely Salahuddin.
High Court however, acquitted Niazmuddin and converted the death penalty to Gadda Hussain to life-time imprisonment. Justice Khosa observed that high court didn't find stains of blood on the stick, which was recovered from Nizamuddin.
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