Law: Pakistan Penal Code, 1860

Section: 324

Law: Criminal Procedure Code (V of 1898)

Section: 342

(a) Penal Code (XLV of 1860)--- ----S. 324---Criminal Procedure Code (V of 1898), S. 342---Attempt to commit qatl-e-amd---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 fired upon the brother of complainant with the intention of killing him---Accused was subsequently apprehended with a weapon and live bullets---Trial Court convicted accused under S. 324, P.P.C.---Contentions of accused were that recovery of weapon from his possession had been taken as an incriminating piece of evidence in recording conviction against him, yet the Trial Court omitted to specifically question him with regard thereto within the meaning of S. 342, Cr.P.C., thereby rendering the impugned as indefensible---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---Interpretation 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 section court might put such questions to the accused which might be deemed appropriate in arriving at a just conclusion, whereas, under second part examination of accused was a must because purpose was to point out evidence…

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