Law: Pakistan Penal Code, 1860

Section: 302(b)/34

Law: Criminal Procedure Code (V of 1898)

Section: 4(c)22/225/227/232/4031/222

Law: Constitution of Pakistan, 1973

Section: 13

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b)/34--Criminal Procedure Code, (V of 1898), Ss. 4(c)/221/ 222/225/227/232/403--Constitution of Pakistan, 1973, Art. 13--Conviction and sentence--Qatl-e-Amd--Challenge to omission in Charge--Autrefois convict or autrefois acquit--Re-trial--Three persons, met homicidal death after the receipt of multiple fire-arm traumas--The term “charge” can legally be described as formulation of allegations prior to recording of prosecution evidence so as to unable an accused facing criminal trial for making good his defence--An error in framing of charge pertaining to the particulars of offence etc is not to be regarded as material in nature--Appellate Court after noticing material error in the charge will direct a new trial but in the manner it thinks fit--Appellants at no point of time were charged for the murder of one deceased and as a necessary corollary their conviction or even acquittal in no manner attracts the principle of autrefois convict or autrefois acquit--The two appellants were confronted only with the allegation of taking the lives of two deceaseds--Conviction and sentence of all the appellants passed by the trial Court are set aside, the case is remanded to the trail Court with the direction to re-frame the charge in the light of observation mentioned above, to re-examine the appellants in terms of Section 342, Cr.P.C. and pass a fresh verdict.  2021 YLR 2352; 2000 PCr.LJ 367 ref. Judgment Ch. Abdul Aziz, J.--Afzal Khan, Muzaffar KhanMuhammad Akhtar (appellants) along with another co-accused, namely, Muhammad Sajid involved in case FIR No. 153/2014 dated 08.10.2014 registered under Sections 30234, PPC at Police Station Tamman, Tehsil Talagang were tried by learned Additional Sessions Judge, Talagang, District Chakwal. Trial Court vide judgment dated 28.06.2019 while acquitting the afore-said co-accused proceeded to convict and sentence the appellants in the following terms: (1). Muzaffar Khan (appellant) Under Section 302(b), PPC to suffer death sentence for committing qatl-i-amd of Shazia Bibi and Sami Ullah on two counts. He was also directed to pay compensation of Rs. 3,00,000/-each to the legal…

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