Law: Criminal Procedure Code (V of 1898)

Section: 374,375,376,423

Law: Constitution of Pakistan, 1973

Section: 9,10A,14

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 374, 375, 376 423---Constitution of Pakistan, Arts. 9, 10A 14---Murder reference sent by the Trial Court to the High Court for confirmation of death sentence---Scope---Duty cast on the High Court in deciding a murder reference under S.374, Cr.P.C. was a heavy one and could only be discharged once the entire evidence was reappraised to fully exhaust all the points having a bearing upon the guilt or innocence of the convicted person---High Court, in dealing with a murder reference, was not only to see whether the order passed by the Trial Court was correct, but to examine the case for itself and even direct a further enquiry or the taking of additional evidence if the Court considered it desirable in order to ascertain the guilt or the innocence of the convicted person---Scope of a murder reference and principles in relation thereto stated. Normally, the High Courts hear and decide the appeal filed by the convicted person and the reference sent by the trial court for confirmation of the death sentence, together. While doing so the Judges of the High Courts some times remain content with examining and deciding only the arguments and contentions advanced in appeal, and do not by themselves scrutinize the whole material available on record of the case. Apart from deciding those arguments and contentions, it was incumbent upon the High Courts, in discharge of their statutory duty under sections 375 and 376 of the Code of Criminal Procedure, 1898 (Cr.P.C.), to read and appraise each and every piece of evidence, and to examine also whether any evidence had been improperly admitted or excluded, or had been misread or non-read by the trial court. Ordinarily, in a criminal appeal against conviction, the appellate Court, under section 423 of the Cr.P.C., could dismiss the appeal if the court was of the opinion that there was no sufficient ground for interference, after examining all the grounds urged before it for challenging the correctness of the decision given by the trial court. It was not necessary for the appellate court to examine the entire record for the purpose of arriving at an independent decision of its own…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492