Law: Penal Code (XLV of 1860)

Section: 302(b),392,34

Law: Criminal Procedure Code (V of 1898)

Section: 342

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 392 34---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Accused was charged that he along with co-accused snatched mobile phone and also made firing upon the brother of the complainant, due to which he died---Record showed that the Trial Court in the impugned neither framed any point for determination in respect of unnatural death of the deceased nor any finding had been given thereof---Said facts were fatal to the prosecution case--- Appeal was allowed by setting aside convictions and sentences recorded by the Trial Court and the case was remanded to the Trial Court for decision afresh after recording the testimony of witnesses of recovery memo along with case property. Farrukh Sayyar and 2 others v. Chairman, NAB Islamabad and others 2004 SCMR 1 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 392 34---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Statement of accused was recorded under S. 342, Cr.P.C.---Scope---Accused was charged that he along with co-accused snatched mobile phone and also made firing upon the brother of the complainant, due to which he died---Statement of the accused persons in terms of S. 342, Cr.P.C., had not been recorded in accordance with its spirit---Such departure was not permissible---Record transpired that the Trial Court, while convicting the accused, relied upon recovery of the crime weapon, i.e. pistol, and the allegedly snatched Nokia mobile phone of the deceased, but the Trial Court did not put any question in respect of recovery of crime weapon and alleged snatched mobile phone to the accused while recording his statement under S. 342, Cr.P.C.---If any piece of evidence was not put to the accused in his statement recorded under S. 342, Cr.P.C., the same could not be used for his conviction---Appeal was allowed by setting aside convictions and sentences recorded by the Trial Court and the case was remanded to the Trial Court for decision afresh after recording the testimony of witnesses of recovery memo along with case property. Muhammad Shah v. The State 2010 SCMR 1009 and Qaddan and…

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