Law: Penal Code (XLV of 1860)

Section: 302,324,353,34

Law: Criminal Procedure Code (V of 1898)

Section: 353,342

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 324, 353 34---Criminal Procedure Code (V of 1898), S. 353---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention---Appreciation of evidence---Recall of witnesses when charge is altered, evidence to be taken in presence of accused---Scope---Prosecution case was that the accused on seeing the police party made firing upon them, due to which Police Constable was hit and died---Record showed that firstly, four accused were arrested and charge was framed, at trial two prosecution witnesses were examined; thereafter, another accused was arrested and then the charge was amended---After amendment of the charge, Trial Court on the statement of prosecutor adopted the same evidence of prosecution witnesses earlier recorded---Such procedure adopted by the Trial Court was an illegality and in violation of the mandatory provisions of S. 353, Cr.P.C.---Such contravention of the provisions of S. 353, Cr.P.C., could not be termed as an error, omission or irregularity so as to be curable under S. 537, Cr.P.C.---Violation of the mandatory provisions of Ss. 353, Cr.P.C. was nothing but a downright illegality vitiating the relevant proceedings of the trial of accused---Appeal, in circumstances, was allowed and matter was remanded by setting aside the convictions and sentences with the direction to record the statements of witnesses in presence of all the accused and record the statements of accused under S. 342, Cr.P.C., afresh by putting to them all pieces of prosecution evidence produced during trial. (b) Penal Code (XLV of 1860)--- ----Ss. 302, 324, 353 34---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention--- Appreciation of evidence---Examination of accused---Scope---Prosecution case was that the accused on seeing the police party made firing upon them, due to which Police Constable was hit and died---Record showed that the trial court had recorded the statements of accused under S. 342, Cr.P.C., in a very casual manner…

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