Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 154,200,537

Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan, 1973-- ----Art. 185(3)--Pakistan Penal Code, (XLV of 1860), S. 302--Acquittal--Allegations--Joint and simultaneous trial--Suspicion was expressed against accused--Circumstantial evidence in shape of last seen evidence, motive and extra judicial confession--Law is settled by now that if different versions of same incident are advanced by rival parties through cross-cases and such different versions contain different sets of accused persons then trial of such cross-cases is to be held simultaneously and side by side and a reference in that respect may be made--Law is equally settled on point that where same party lodging FIR also institutes a private complaint containing same allegations against same set of accused persons then trial Court is to hold a trial in complainant case first and in meanwhile challan case is to be kept dormant awaiting fate of trial in complaint case and a reference in that respect may be made. PLD 1971 SC 713, PLJ 1981 SC 895, 1987 PSC 646, 2000 SCMR 641, PLD 1966 SC 708, 1981 SCMR 361, NLR 1984 Cr.LJ 300 SC, PLD 1986 SC 737 & PLD 1987 Lah. 245, ref. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 537--Constitution of Pakistan, 1973, Art. 185(3)--Consolidated trial of challan case and complainant case--Mode of trial--Failure of justice--Identical allegations as leveled in FIR--Joint and simultaneous trial--Validity--No finding, sentence or order passed by a Court of competent jurisdiction is to be reversed or altered in appeal or revision on account of any error, omission or irregularity in mode of trial unless such error, omission or irregularity has in fact occasioned a failure of justice--Whether any error, omission or irregularity in any proceedings in Cr.P.C. has occasioned a failure of justice Court shall have regard to fact whether an objection in that regard could and should have been raised at an earlier stage in proceedings--After a consolidated trial having been ordered by trial Court petitioner had never raised any objection throughout trial against mode of trial adopted--Petitioner had remained unable to convince that mode of trial adopted by trial Court had caused any failure of justice…

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