PESHAWAR, Aug 21: The Peshawar High Court on Tuesday set aside capital punishment awarded to a man and remanded his case to the subordinate court for re-trial.
A PHC bench comprising Justice Qaim Jan Khan and Justice Hamid Farooq Durrani observed that the trial court had erred in framing charge against the appellant as it charged him with single murder in a double-murder case. The bench partially accepted the appeal filed by accused Jawed Khan and ordered his re-trial.
The appellant was charged with his two accomplices with firing at a vehicle killing its driver Alamzeb and a policeman, Mohammad Ali, on Jan 24, 2001, at Lachi in Karak district. He was reportedly employed with the Frontier Constabulary.
The prosecution claimed that he, in plain clothes, and the other two accused had tried to stop a car for robbery and fired at it.
The additional district and sessions judge in Karak had sentenced him to death on June 17, 2006, whereas the two other accused have been absconding.
Advocate Ijaz Khan Sabi appeared for the appellant and contended that it was a double-murder case as mentioned in the FIR and post-mortem examination of both the victims had been conducted.
He argued that at the time of framing the charge, the trial court charged the accused with one murder. He argued that it was a mistrial as it was not clear for whose murder the appellant had been convicted.
