Law:

Section:

Criminal Procedure Code (V of 1898),S. 342-Sessions Judge failing to put such questions to accused as might have enabled him to explain any circumstances appearing in the evidence against him but asking him merely whether he had made the statement (which was read out to him) before the Committing Magistrate and whether he wanted to add anything to it---Trial not vitiated unless failure results in prejudice to accused or failure of justice-Importance of S. 342, Criminal P. C. Proper questioning of an accused person is an essential constituent of a fair trial, but every omission or irregularity in the examination of an accused person does not vitiate the trial. Whether there has been prejudice or failure of justice is a question of fact to be determined by the appellate Court on the circumstances of the particular case. The question in each case depends upon the degree of the error. It is of the utmost importance that Sessions Judges should themselves examine the accused in order to enable them to explain the material circumstances appearing in evidence against them.­ The evidence ref-erred to in section 342, Criminal Procedure Code is the evidence recorded by them and not the statements recorded by the Committal Court which do not constitute evidence at the trial unless transferred to the record of the Sessions Court under section 288, Criminal P. C. Shammun v. Crown P L D 1952 Lah. 374 rel. Tara Singh v. The State A I R (38) 1951 Supreme Court 441; Mathali alias Palani Gounder (1952) I M L J 276 ref. JUDGMENT MUHAMMAD JAN, J.---Ali Shan, aged about 80 years, and his two sons, Aziz Ahmad aged about 50 years and Manzoor Ahmad aged about 37 years, Minhas Rajputs of Dhok Gondal, District Rawalpindi, were tried by the Sessions Judge on the charge that they, on the 17th June 1951, in the prosecution of their common intention, caused the death of Tegh Ali, brother of Ali Shan, and made a murderous attack on Lai Khan (P. W. 3), another brother of Ali Shan, and Khalil (P. W. 2) son of Tegh Ali, and thereby committed offences under sections 3:)2 and 307 read with section 34 Pakistan P. C. They pleaded not guilty and produced defence evidence. The learned Sessions Judge…

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