Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 324 & 353---Criminal Procedure Code (V of 1898), S. 342---Qatl-e-amd, attempt to commit qatl-e-amd, assault or criminal force to deter public servant from discharge of his duty---Appreciation of evidence---Power of court to examine accused---Court failing to examine accused on evidence contributing towards his conviction---Effect---Remand of case to Trial Court---Allegation against the accused was that he used criminal force upon police party, prevented them from apprehending him and fired upon them as a result of which a private person died due to fire-arm injuries---Accused was subsequently apprehended in an injured condition having sustained firearm injuries himself and a weapon with live bullets was also allegedly recovered from him---Trial Court convicted accused under Ss. 302, 324 & 353, P.P.C.---Contentions of accused were that Trial Court failed to question him about injuries sustained by him and about the recovery of weapon from his possession, within the meaning of S.342, Cr.P.C., therefore impugned was not sustainable---Validity---Trial Court should have questioned the accused with regard to each and every incriminating piece of evidence available on record thereby enabling him to explain his position---Compliance with provisions of S. 342, Cr.P.C. in accordance with its terms, was indispensible---Interest of justice required remand of case to the Trial court---Impugned of Trial Court was set aside and case was remanded to the Trial Court for its decision afresh with the direction that accused be examined under S. 342, Cr.P.C. and his attention be specifically invited to all incriminating pieces of evidence placed on record and he be provided an opportunity to explain his position thereto---Appeal was disposed of accordingly. 2001 SCMR 56 and PLD 2001 SC 568 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 342----Evidence likely to contribute towards conviction of accused---Inter-pretation of S.342, Cr.P.C.---Power to examine accused---Scope---Section 342(1), Cr.P.C. had two parts; the first part gave discretion to the court whereas the second part was mandatory---Under the first part of said…

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