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(b) 34---Qatl-i-amd, common intention---Appreciation of evidence---Accused were charged that they threw petrol on the complainant and set him on fire and he succumbed to the injuries during treatment--- Admittedly, FIR was lodged by the complainant/ deceased himself while he was under treatment at Burns Ward of Civil Hospital before Police Official, which had been believed and acted upon in convicting the accused persons although their attention to that crucial piece of evidence was not drawn to and no explanation thereof was sought from them at the time of their examination under S. 342, Cr.P.C.---Record showed that no question as to statement of eye-witness under S. 164, Cr.P.C. recorded before the Judicial Magistrate---Motive for commission of offence, which was custody of the minor (son of the deceased) aged about 04 years who was in the custody of the accused persons at the time of the incident, was asked---In the peculiar circumstances of the case, Failure on the part of the court to draw the attention of the accused persons to the dying declaration as well as statement of eye-witness recorded under S. 164, Cr.P.C., before the Judicial Magistrate, which had been used against them and had also been acted upon, had caused prejudice to them and had also resulted in miscarriage as well as failure of justice and as such, it was a case of an illegality---Had the accused persons been given any opportunity to explain such important pieces of evidence, they might have given some plausible explanation or might have led some evidence to rebut and meet the same---Accused should be given notice of the point/points which he must meet in order to exonerate himself---Such was not mere a formality but essential part of the trial---Appeal was allowed and case was remanded to the Trial Court with direction to record statement of accused under S. 342, Cr.P.C. afresh by putting all the incriminating pieces of evidence to him. Muhammad Shah v. The State 2010 SCMR 1009 and Qaddan and others v. The State 2017 SCMR 148 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 342---Examination of accused---Scope---Accused person has to be…

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