Law:

Section:

Penal Code (XLV of 1860)-------S. 302---Criminal Procedure Code (V of 1898), S. 227---Qatl-e¬-amd---Altering of charge---Pre-conditions---Recording of evidence---Trial Court amended the charge during trial but High Court set aside the order passed by Trial Court on the ground that recording of some evidence was needed before altering the charge---Validity---Trial Court was competent to amend the charge if circumstances so justified, subject to one condition that it should have been done prior to the pronouncement of in order to eliminate possibility of any prejudice to accused person---High Court had erred while holding that recording of some evidence would be needed prior to making any amendment in the charge because no such condition was laid down in the provisions enumerated in S. 227, Cr. P. C. ---Order passed by High Court was laconic and the same was set aside and that of Trial Court was restored---Appeal was allowed. Nadir Shah v. The State 1980 SCMR 402; Machia and 2 others v. The State PLD 1976 SC 695 and Shahadat Khan v. Home Secretary to the Government of West Pakistan PLD 1969 SC 158 rel. Ch. Afrasiab Khan, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Appellant. Respondents Nos. 1 and 2 in person. Asjad Javed Ghural, Additional P.G. for Respondent No. 3. Date of hearing: 1st December, 2010. JUDGMENT JAVED IQBAL, J.---This appeal with leave of the Court is directed against order dated 20-9-2010 passed by learned single Judge of Lahore High Court (Multan Bench) Multan whereby the criminal revision preferred on behalf of Ghulam Shabbir and Qadeer Ahmed (respondents) has been accepted by setting aside the order dated 4-5-2010 passed by learned Additional Sessions Judge, Jampur. 2. The facts of the case have been mentioned elaborately in the order impugned hence reproduction whereof would be of no use. 3. Heard Ch. Afrasiab Khan, learned Advocate Supreme Court on behalf of Muhammad Jameel Azeem (appellant/complainant) at length who mainly argued that the provisions as enumerated in sections 227 and 228, Cr.P.C. have been misinterpreted and misconstrued causing serious prejudice against the appellant. It is next contended that the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492