Criminal Appeal Under Section 410 Cr.P.C. How to draft a criminal appeal under section 410 Cr. P.C against conviction to a death sentence? The sample/draft is given below please make necessary amendments as per the facts of the case.

Criminal Appeal Under Section 410 Cr.P.C

Purpose: To seek remedy under the provision of section 410 Cr. P.C against the death sentence given by the trial court to an accused in a murder case.  

IN THE HONOURABLE LAHORE HIGH COURT, RAWALPINDI BENCH, RAWALPINDI

Crl. Appeal No._________/2022

(Name, parentage, and, address to the appellant/accused) presently confined in Central Jail. .... Appellant

Versus

1.       The State

2.       (Name, parentage, and, address to the respondent/complainant)                           ……. Respondents

CRIMINAL APPEAL UNDER SECTION 410 Cr. P.C AGAINST THE JUDGMENT DATED 30.12.2021 PASSED BY LEARNED ADDITIONAL SESSIONS JUDGE, RAWALPINDI, WHEREBY THE TRIAL COURT CONVICTED THE APPELLANT TO DEATH SENTENCE AND RS.500,000/- AS COMPENSATION TO THE LEGAL HEIRS OF THE DECEASED, U/S 544-A Cr. P.C AND IN DEFAULT OF PAYMENT AS SIX MONTHS AS S.I, IN CASE FIR NO. 195/18, DATED 09.12.2018 U/S 302/34, P.S CITY, DISTRICT RAWALPINDI.      

Respectfully Sheweth;

The brief facts of the prosecution case are as under: -

1.                   On 09.09.2018, when the complainant along with his brother Irshad Ahmed decease was present in the house of his brother-in-law namely Saifi. At about 06:15 PM, the commotions of Lalkaras and abuses were heard from the street. On hearing of the stated noise, the complainant along with his brother Irshad Ahmed deceased, bother in law Saifi, and sister Jahan Arra wife of Saifi came out of the house. The appellant accompanied by his father Mir Zaman and other unknown accused persons were available in the street. Mr. Rehan raised lalkara that Irshad Ahmed should not be spared alive, whereupon the appellant took out pistol 30 bore from his dub and made three fire shots upon Irshad Ahmed accused/appellant, which landed on his right thigh, whereupon, he became critically injured and fell down, hence this FIR.  

2.              That thereafter, the appellant was arrested by the local police on 29.12.2018 in the above-mentioned false case and remained on physical remand for seven days, and then sent to judicial lockup.

3.              That on 25.08.2020, a complete report U/S 173 was submitted by the local police and charged was framed, upon which, the statement of appellant U/S 342.Cr.P.C was recorded and the PWs also appeared and recorded their statements before the learned trial court.

4.                   That subsequently, after the conclusion of the trial, the learned trial court convicted the appellant as the above-said charge vide impugned judgment dated 30.12.2021.

5.                   That the conviction and sentence passed by the learned trial court vide judgment dated 30.12.2021 against the appellant is illegal, unlawful, and unjustified. Hence this Criminal Appeal Under Section 410 Cr. P.C against the conviction to the death sentence, inter alia on the following: -

G R O U N D S

i.                     That the impugned judgment dated 30.12.2021 is against the facts and circumstances of the case. 

ii.                   That there is an inordinate delay in lodging the FIR and conducting postmortem, which shows the result of consultation, deliberation, and manipulation of real facts but the learned trial court failed to take this fact into its kind consideration and passed the impugned judgment in a hasty manner.  

iii.                  That one of the alleged Jahan Arra involved only one accused and I.O also found the same, whereas, as per PWs there are three accused persons, so their double version creates serious doubts in the protrusion story.

iv.                  That the learned trial court even did not record the statement of nominated co-accused U/S 342 Cr. P.C and later on, he was acquitted by the learned trial court, which also creates some serious doubt in the prosecution story but the learned trial court miserably failed to consider this aspect of the matter while convicting the appellant.

v.                    That as per bare perusal of the complaint, besides the appellant, there were two more persons present at the alleged place of occurrence but during the course of investigation no one was present at the place of occurrence except the appellant and these two versions make the case highly doubtful but the learned trial court did not appraise this important aspect of the matter while passing the impugned judgment.    

vi.                  That the learned trial court committed material irregularities and illegalities while awarding the appellant a capital sentence.

vii.                That the prosecution has also badly failed to prove the motive behind the occurrence and did not prove any previous enmity between the appellant and the alleged deceased but impugned judgment is silent regarding the motive, hence the impugned judgment is liable to be set aside.   

viii.               That all the cumulative facts and circumstances are contradictory to each as well as there is a major contradiction in the statements of PWs and complainant and dishonest improvement is floating on the surface of the record, which creates serious doubts in the prosecution story, hence the impugned judgment is liable to be dismissed. 

ix.                  That there is no cogent evidence in the hand of the prospection which could connect the accused with the charges leveled against him but the learned trial court miserably ignored this fact of the matter while passing the impugned judgment.

x.                    That the tempering has well established upon the material documents of the prosecution which is also the result of deliberation and consultation just in order to strengthen and bring inline the false prosecution case but the learned trial court also ignored this fact while awarding the capital sentence to the appellant.    

xi.                  That the apex court of the country held in numerous judgments that it is the prime duty of the prosecution to prove its case without any shadow of doubt and if any slightest doubt comes on the record on the prosecution case, then appellant /convict is entitled to acquittal, in the instant case, the prosecution failed to prove its case by producing compelling evidence against the appellant, as alleged in the FIR, hence on the sole score the appellant is entitled to acquittal.

xii.                 That no offense is made out against the present appellant and the appellant is falsely implicated by the complainant. 

xiii.               That the learned trial court passed the impugned judgment in a hasty and fanciful manner.

xiv.               The appellant is innocent and has nothing to do with the alleged offense.

xv.                 That the impugned judgment is based on misreading and non-reading.

 In view of the circumstances, it is, therefore, most respectfully prayed that the instant appeal may kindly be accepted and the conviction to death sentence vide impugned judgment dated 30.12.2021 passed by the learned Additional Secessions Judge, Rawalpindi may kindly be set aside and the appellant may graciously be acquitted from the charge, in the interest of justice.

Any other relief which this Hon’ble Court deems just and proper may also be awarded.

Appellant               Through                 Counsel

 

Dated: -

Certificate: -

Certified as per instructions furnished by the appellant this is the first appeal on the subject ever moved before this Hon’ble Court.

No other appeal or revision is pending adjudication in any other court of law up till the Supreme Court of Pakistan

…Counsel

Note:

1.       File the Criminal Appeal Under Section 410 Cr. P.C within the specific time period.

2.       Attach attested copies of the judgment.

3.       Petition U/S 426 Cr. P.C for suspension of sentence may also be filed with the criminal appeal under section 410 Cr.P.C.