| Citation(s) |
|---|
| 2011 SLG 419 2011 SLD 419 2011 PLD 583 |
Lahore High Court
Criminal Appeals Nos. 447-J, 1345, 1346 of 2004, and Murder Reference No. 507 of 2004, decided on 13th January, 2011
SH. NAJAM UL HASSAN AND SARDAR TARIQ MASOOD, JJ
Pir S.A. Rashid and Mehmood Ahmed for Appellant (in Cr.A.No. 447 of 2006). Mian Tajiq Shafiq Bhaudara and Rai Ijaz Mehmood for Appellants (in Crl. Appeals Nos. 1345 and 1346 of 2004)-Complainant. Shahid Rashid Chaudhry, D.P.G. for the State
Criminal Appeals Nos. 447-J, 1345, 1346 of 2004, and Murder Reference No. 507 of 2004, decided on 13th January, 2011
SH. NAJAM UL HASSAN AND SARDAR TARIQ MASOOD, JJ
Pir S.A. Rashid and Mehmood Ahmed for Appellant (in Cr.A.No. 447 of 2006). Mian Tajiq Shafiq Bhaudara and Rai Ijaz Mehmood for Appellants (in Crl. Appeals Nos. 1345 and 1346 of 2004)-Complainant. Shahid Rashid Chaudhry, D.P.G. for the State
MUHAMMAD YASIN
VS
THE STATE
Law: Criminal Procedure Code (V of 1898)
Section: 366,233,367,537,342,000,000,000,000
Law: Pakistan Penal Code, 1860
Section: 302,324,337F(iii),337A(ii),148,149,466
Criminal Procedure Code (V of 1898)--- ---Ss. 366, 233, 367 & 537---Penal Code (XLV of 1860), Ss.302/324/337-F(iii)/337-A(ii)/148/149---Qatl-a-amd, attempt to commit qatl-e-amd, causing Mutalahimah, and Shajjah-e-Mudihah---Delivering consolidated in two separate trials---Irregularity and not illegality which could vitiate trial---Accused during trial of the case, filed private complaint from jail against the complainant of challan case---Trial Court after holding two separate trials in challan case and private complaint, in which separate charges were framed, separate evidence was recorded and separate set of accused were examined under S.342, Cr.P.C., wrote consolidated ---Judgment was a judicial verdict deciding a case filially which should contain points for determination, discussion thereon and the reasons for decision; and should specify the offence and section of law under which accused was convicted and sentenced---Judgment was a conclusion which the court made of the trial initiated with cognizance of the offence followed by charge; and the consequent judicial proceedings against the offender---Cognizance was always taken of an offence and not of the occurrence; in one occurrence there could be more than one offences committed at one time and the court should take cognizance of every offence and not only of the occurrence---Once cognizance was taken of the offence, the court was obliged to decide the case by full-fledged trial or by exercising powers provided by the Code---Presumption that since the occurrence was the same or that since the offence had been committed in the course of same transaction, there could have been a consolidated , was a wrong approach which was not permissible; there must be a separate in every trial and the must contain the points for determination, the decision thereon and the reasons for the decision---Consolidated could not have been written in two different trials---Writing of consolidated , however, could by all means be said to be an irregularity only---Till the pronouncement of the , no party had objected that the Trial Court had committed any illegality in holding the trials---Mere writing of a consolidated had…
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