Law: Pakistan Penal Code, 1860

Section: 302(b)/337-A(iii)/337-A(vi)/337-F(ii)/45 2/148/149

Law: Criminal Procedure Code (V of 1898)

Section: 367

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b) / 337-A(iii)/337-A(vi) / 337-F(ii) / 452 / 148 / 149--Criminal Procedure Code, (V of 1898), S. 367--Ingredients of the --Defects in regarding acquittal and conviction of the appellants in detail--Case remanded to the trial court--Charge was framed u/Ss. 302(b)/337 A(iii)/ 337 A(vi)/ 337 F(ii)/452/148/149 of PPC--Trial Court though observed that all the accused persons while forming an unlawful assembly in furtherance of their common object had committed the occurrence was convicted u/S. 302(b) PPC, of the murder of deceased, no findings with regard to applicability of provisions of offence under section 337-A(vi)/ 149 PPC, were given--Similarly, three other appellants were neither convicted u/S. 302(b) PPC nor any findings qua their acquittal were rendered--This aspect can be taken care of by High Court while deciding the lis but at the same time it is impression of the Court that while giving any findings, the appellants may be deprived of an opportunity of hierarchy of adjudicator, which in other words can prejudice their right of adjudication--The impugned passed by the trial court being against the judicial acumen, hence is not sustainable in the eyes of law--Judgment passed by Additional Sessions Judge, is set aside--Matter is remanded to the trial court to the extent of appellants/ respondents with the direction to re-write the --Trial of the case in hand shall be deemed pending before trial court--Case remand.[Pp. 1216, 1217 1218] A, B, C D JUDGMENT Through this consolidated judgment, intend to decide Crl. Appeal No. 379/2014 filed by Muhammad JUDGMENT Through this consolidated judgment, intend to decide Crl. Appeal No. 379/2014 filed by Muhammad Siddique, Abdul Shakoor, Muhammad Qaswar and Muhammad Aslam appellants against their convictions and sentences, Crl. Revision No. 296/2014 filed by the complainant seeking enhancement in sentence awarded to Muhammad Siddique/respondent, PSLA No. 69/2014 filed by complainant against acquittal of Abdul Shakoor, Qaswar and Muhammad Aslam, respondents under Section 302(b), PPC and PSLA No. 70/2014 filed for awarding normal sentence to Muhammad Ramzan, Aslam…

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