Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 193 & 302---Criminal Procedure Code (V of 1898), S. 195---Giving false evidence, prosecution for---Procedure---Trial Court was competent to file complaint and by not doing so, no cognizance of offence could have been taken by the same---Impugned was not sustainable in the eye of law and Trial Court had committed an illegality/ irregularity to try the accused by deviating from the relevant provisions of law---Appeal was allowed in circumstances and conviction and sentence was set aside and case was remanded to the Trial Court with the direction to proceed with the same in accordance with the relevant provisions of Criminal Procedure Code, 1898. Amanulah and 4 others v. The State 1984 PCr.LJ 2798 and Shereen v. The State 2002 PCr.LJ 1427 rel. JUDGMENT SHAH JEHAN KHAN AKHUND-ZADA, J.---The appellant Muhammad Abdullah has called in question the judgment/order dated 17-5-2012 passed by the learned Additional Sessions Judge-II, Mardan whereby he was convicted under section 193 P.P.C. and sentenced him to six months rigorous imprisonment with a fine of Rs.500 or in default to undergo further one month simple imprisonment. 2. Short and essential facts relevant for the disposal of the instant criminal appear are that F.I.R. No.309 dated 29-5-2010 was lodged by the appellant as complainant under section 302, P.P.C. against his own son Atta Ullah for the murder of his two wives Mst. Abida and Mst. Robi by making fire upon them. Later on during the trial of the said case, the appellant appeared before the trial Court as P.W.2 for recording his statement as complainant on 19-1-2011 and while recording his statement in the trial Court he has stated in the examination-in-chief in the following manner:-- "On the day of occurrence accused facing trial Ata Ullah armed with firearm entered the house and started firing at Mst. Abida and Mst. Robi who were quarrelling with each other at that time and who both are the wives of the accused facing trial. Due to his firing they were injured. Mst. Abida died at the spot while Mst. Robi became injured and was shifted to hospital where the report was lodged by me to the police, the same is Exh.PA/1…

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