Law: Penal Code (XLV of 1860)

Section: 302,324,353,148,149

Law: Anti Terrorism Act, 1997

Section: 7

Law: Criminal Procedure Code (V of 1898)

Section: 231,353,537(b)

Law: Constitution of Pakistan, 1973

Section: 10-A

Penal Code (XLV of 1860)--- ----Ss. 302, 324, 353, 148 149---Anti-Terrorism Act (XXVII of 1997), S. 7---Criminal Procedure Code (V of 1898), Ss. 231, 353, 537(b)---Constitution of Pakistan, Art. 10-A---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, rioting armed with deadly weapon, unlawful assembly, act of terrorism---Appreciation of evidence---Recall of witnesses when charge is altered, evidence to be taken in presence of accused, case to be remanded when charge was defective, fair trial---Accused were charged for having deterred the police party by making fires at them with intention to commit their murder, after having formed an unlawful assembly, thereby two Police personnel lost their lives while seven police personnel sustained fire shot injuries---Record showed that after recording statements of the accused under S. 342, Cr.P.C., prosecution witnesses and complainant were recalled and re-examined at the instance of prosecution under S. 540, Cr.P.C.---Two prosecution witnesses adopted their examination-in-chief, while evidence of remaining prosecution witnesses recorded already, was impliedly adopted by the prosecution once again, which was against S. 231, Cr.P.C.---Section 231, Cr.P.C. prescribed that, if the charge was altered, added or amended, then the witnesses already examined were to be re-called and re-examined on point of alteration or addition so made in the charge---In the present case, on recalling, two prosecution witnesses adopted their examination-in-chief, which obviously was in violation of mandate contained by S. 353, Cr.P.C., which prescribed that the evidence (which included examination-in-chief, cross examination and re-examination) of witnesses should be taken in presence of accused facing trial---Omission in the charge and the procedure adopted at trial by Trial Court being incurable had not only occasioned failure of justice, as was defined under subsection (b) to S. 537, Cr.P.C. but had prejudiced the State and the accused in their defence seriously, which was against the mandate contained by Art. 10-A of the Constitution which guaranteed fair trial and due…

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