Law: Criminal Procedure Code (V of 1898)

Section: 353,231

Law: Constitution of Pakistan, 1973

Section: 10-A

Criminal Procedure Code (V of 1898)--- ----Ss. 353 ,  231---Constitution of Pakistan, Art. 10-A---Right to fair trial---Evidence to be taken in presence of accused---Recalling of witnesses when charge altered--- Scope--- Accused persons in furtherance of their common intention committed murder of victim by strangulating his throat, for that they were booked and reported upon by police---Accused persons were convicted after trial, which conviction was appealed against---Counsel for the parties, pointed out that on joining of trial by one of the accused persons, the charge already framed was amended and the evidence already recorded in his absence was adopted, which was contrary to the mandate contained in S. 353, Cr.P.C. which called for examination of witnesses in presence of accused and that all the three accused persons were convicted and sentenced accordingly by the trial court which was against the mandate contained in S. 231, Cr.P.C. which called for examination witnesses afresh when charge was altered, amended or added---Impugned was set aside by the High Court with direction to the Trial Court to recall and re-examine the complainant and his witnesses by providing fair chance to the accused persons to contest the case as per mandate contained in Art. 10-A of the Constitution---Appeal was disposed of accordingly. ORDER IRSHAD ALI SHAH, JUSTICE:---.--- It is alleged that the appellants in furtherance of their common intention committed murder of Muhammad Nadeem by strangulating his throat, for that they were booked and reported upon by police. 2. On conclusion of trial, the appellants for an offence punishable under sections 302(b), 34, P.P.C. were convicted and sentenced to undergo Rigorous Imprisonment for Life and to pay fine of Rs.200,000/-each to the legal heirs of the said deceased as compensation and in default of payment whereof to undergo Rigorous Imprisonment for six months by learned IIIrd Additional Sessions Judge, Hyderabad vide his Judgment dated 04.05.2018, which is impugned by appellants before this Court by preferring instant Criminal Jail Appeal. At the very outset, it is pointed out by the learned counsel for the appellants, learned…

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