Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302, 365 & 412---Criminal Procedure Code (V of 1898), S. 235---Pakistan Arms Ordinance (XX of 1965), S. 13---Qatl-i-amd; kidnapping or abducting with intent to secretly and wrongfully confine a person; dishonestly receiving stolen property in the commission of dacoity---Appreciation of evidence---Joint trial for more than one offences not conducted---Effect---Place of inquiry or trial where scene of offence was uncertain or not in one district only or where offence was continuing or consisted of several acts/Transfer of trial from one Province to another Province---Deceased had been first abducted from Peshawar (KPK) for which the accused persons had been charged and thereafter his dead body had been recovered in Chakwal, (Punjab) where a separate FIR had been registered against accused for murder of the deceased; thus, the second episode of the murder of the deceased was in continuation of the first episode of his abduction and the registration of case under Arms Ordinance, 1965 in Chakwal (Punjab) was in continuation of the second episode of the occurrence---Accused, therefore, should have been tried at one trial for each of the offences in terms of S. 235, Cr.P.C.---Trial court, in the charge-sheet, had confronted the accused not only with the accusation of abduction of the deceased but also for his murder, but the court had not framed any charge under S. 302, P.P.C., as the record of the murder case had not been made available on the file of the case by the Investigation Officer---Investigation Officer was under duty to collect all the evidence right from the first episode of the incident of abduction of the deceased till recovery of his dead body or to apply for transfer of the murder case and the case of recovery of the crime weapon for joint trial---Trial Court, had straightway proceeded with the trial of the accused regarding the first episode of the incident, squarely over-sighting the mandate of S. 235, Cr.P.C.---Counsel of the parties acknowledged the illegality and irregularity conducted by both the Investigation Officer and the trial court---High Court, setting aside impugned conviction and sentence, remanded…

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