Law: Pakistan Penal Code, 1860

Section: 302,322

Law: Criminal Procedure Code (V of 1898)

Section: 242

Penal Code (XLV of 1860)--- ----Ss. 302 & 322---Criminal Procedure Code (V of 1898), S.242---Qatl-i-amd, qatl-bis-sabab--- Application for amendment in statement recorded under S.242, Cr.P.C.---Stand of accused was that deceased having committed suicide, he could not be proceeded under S.302, P.P.C.---Contention of the complainant was that from the statements of prosecution witnesses recorded under S.161, Cr.P.C., it appeared that accused had committed the murder of the deceased---Application by the complainant for amendment in the statement recorded under S.242, Cr.P.C., was accepted by the Trial Court---Validity---Court could alter or add the charge at any time on the application of the party or on its own, but court could not change the provision of law without providing opportunity of hearing to the accused---If after recording of the evidence and at the conclusion of trial, it was proved that accused had not committed the murder of deceased and that the deceased died due to some act of accused, the court had the power to convict or acquit accused---Mere conversion of S.322, P.P.C., into S.302, P.P.C., would not affect any right of the accused---Court was not bound by the report submitted by the Police and was not powerless to try accused under S.302, P.P.C., who had been challaned under S.322, P.P.C.---No illegality or irregularity had been committed by the Trial Court while passing impugned order, which was maintained. THIS ORDER PASSED BY: SADAQAT HUSSAIN RAJA, J.--- The captioned revision petition has been filed against the judgment and order passed by the learned District Court of Criminal Jurisdiction, Sudhnuti/Pallandri, dated 09.08.2009. The precise facts of the case are that on report of Muhammad Raees Khan FIR No.145/07 has been registered against the accused appellant herein, in the offence under section 322, A.P.C. at Police Station Pallandri/Sudhnooti, on 04.09.2007. The police after investigation submitted challan before the District Criminal Court Pallandri, on 16.07.2008. The statement of the accused under section 242, Cr.P.C. was recorded on 23.09.2008. The accused pleaded not guilty whereupon the prosecution was asked to lead evidence.…

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