Law: Criminal Procedure Code (V of 1898)

Section: 367

Criminal Procedure Code (V of 1898)--- ----S. 367---Judgment, contents of---Appeal had not been decided in accordance with the mandatory provisions of S. 367, Cr.P.C.---Effect---Complainant had pointed out that impugned had been rendered by the Trial Court in violation of S. 367, Cr.P.C. as the Trial Court had not determined the points and findings were delivered in slipshod manner---Validity---Main theme of S. 367, Cr.P.C. was that the should contain the points for determination, the decision thereon and the reasons for the decision---Impugned having been rendered in violation of the statutory provisions of S. 367, Cr.P.C., was not sustainable in the eye of law---Criminal revision was allowed by setting aside impugned of conviction and the case was remitted to the Trial Court for decision afresh as per spirit of S. 367, Cr.P.C. Sahib Khan and 4 others v. The State and others 1997 SCMR 871; Ashiq Hussain and others v. The State and 2 others 2003 SCMR 698; Khalid Mehmood v. The State 2004 PCr.LJ 984 and Farrukh Sayyar and 2 others v. Chairman NAB Islamabad and others 2004 SCMR 1 rel. THIS JUDGMENT DELIVERED BY: MOHAMMAD IBRAHIM KHAN, JUSTICE:---.--- Impugned herein is the judgment dated 04.12.2013 passed by the learned Sessions Judge/Zila Qazi Shangla Camp Court at Swat, whereby the accused/Respondent No. 1 Nazir-ul-Islam has been convicted and sentenced under section 302, P.P.C. to 14 years' RI on two counts along with fine of Rs. 300,000/- (three lacs) on two counts payable to the Legal Heirs of deceased or in default thereof shall further undergo two years' SI. The accused/Respondent was further convicted under section 353, P.P.C. to six months' RI. Likewise, he was also convicted and sentenced under section 13, A.O to three years' rigorous imprisonment, all the sentences shall run concurrently, however, benefit of section 382-B, Cr.P.C. was extended to him. 2. Here this is a Cr. Rev. for enhancement preferred by the complainant/Petitioner within the meaning of section 435 read with section 439 of the Code of Criminal Procedure with the following prayer:- "For the reasons stated above it is therefore most humbly prayed that by accepting this Revision Petition…

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