Law: Penal Code (XLV of 1860)

Section: 302(b),34

Law: Criminal Procedure Code (V of 1898)

Section: 342

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Criminal Procedure Code (V of 1898), S. 342---Azad Jammu and Kashmir Islamic Penal Laws Act (XI of 1974), S. 26(2)---Qatl-i-amd, common intention---Examination of accused---Purgation of witnesses---Scope---Accused persons were charged for committing murder---Record transpired that accused was not confronted with the documentary evidence, i.e. site plan, details of site plan and post-mortem report during his statement under S.342, Cr.P.C.---Omission on the part of Trial Court was not merely an irregularity incurable under S. 537, Cr.P.C. but the same was downright illegal, which had vitiated the conviction and sentence---Where a piece of evidence was not put to the accused while recording his statement under S. 342, Cr.P.C., the appellate court had the option either to remand the case for re-examination of the accused or exclude such piece of evidence from consideration---Purgation of the prosecution witnesses was not conducted under S. 26(2) of Azad Jammu and Kashmir Islamic Penal Laws Act Act, 1974 which was necessary and pronounced without purgation of witnesses was illegal---High Court remanded the case to the Trial Court for re-trial from the stage of recording the statements of accused under S. 342, Cr.P.C. and for re-writing the after conducting purgation of the prosecution witnesses. Abdul Rasheed and 3 others v. Abdul Ghaffar and 5 others 2001 PCr.LJ 524 and Hassan Muhammad v. The State PLD 1989 SC (AJ&K) 5 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 342---Examination of accused---Scope---Object of examining the accused under S. 342, Cr.P.C. is that all the relevant evidence and material produced against him by the prosecution to establish grounds for criminal penalty may be put to him so that he may explain his conduct in respect of such incriminating material---Conviction of accused cannot be based on such material or evidence which was not put to the accused at the time when his statement under S. 342, Cr.P.C. was recorded---Each and every material piece of evidence being relied upon by the prosecution against accused person must be put to him at the time of recording his statement…

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