Law: Criminal Procedure Code (V of 1898)

Section: 235, 239

Criminal Procedure Code (V of 1898) Ss. 235 & 239-Joint trial Accused in being tried jointly prejudiced in their defence-Conviction set aside and case remanded for retrial. Date of hearing : 24th June 1969.   JUDGMENT Ghulam Hussain and Inayat Ullah were tried by S. A. Zulqarnain, Sub-Divisional Magistrate, Hafizabad in a single trial under separate charges framed under section 304-A, P. P. C. Both of them were convicted. Ghulam Hussain was sentenced to rigorous imprisonment for a period of 1 years. Inayat Ullah was sentenced to rigorous imprisonment for a period of two years. 2. The convicts filed separate appeals which were disposed of by Mr. Ehsan-ul-Haq Sethi, Additional Sessions Judge, Gujrat (Camp Gujranwala) by a single judgment. The appeals were dismissed. 3. The above convicts have come up to this Court by filing separate criminal revisions, one preferred by Ghulam Hussain bears number 347 of 1968 and the other preferred by Inayat Ullah bears number 375 of 1968. This judgment shall dispose of both these revision petitions. 4. Briefly stated the facts of the case are that on 5th July 1967, Shah Muhammad P. W. along with his wife Mst. Salehoon, his son Manzoor aged 10 years and his daughter Mst. Naziran aged 4 years, was travelling in bus No. LEE-205, of which lnayat Ullah petitioner was the driver. When the bus arrived at the bus stand of Jalalpur Bhattian, another bus bear ing No. LEB-7308, driven by Ghulam Hussain petitioner was standing there. Inayat Ullah directed the passengers, who had to get down at Pindi Bhattian to do so. As a result, amongst others, Mst. Salehoon wife of Shah Muhammad P. W. got down, but when she had done so, Ghulam Hussain driver of Bus No. LEB-7308 put his bus in motion and as a result crushed down the lady under the rear wheels. She was removed to hospital, where she expired within about 15 minutes. 5. Shah Muhammad P. W. lodged the report of the incident at Jalalpur Bhattian Police Station, which is hardly about 1A furlong from the place of occurrence at 5-45 p. m. 6. As a result of the investigation, both the petitioners, who were drivers of two separate buses, were sent up to stand, their trial under section…