Law: Criminal Procedure Code (V of 1898)

Section: 235, 239, 537

(a) Criminal Procedure Code (V of"1898), ----Ss. 235, Illustra tions &239(d)-Joint trial-No nexus between two occurrences except some proximity of time and community of motive Both offences not so connected as to form one and same transaction, or I 'have been committed in course of same transaction-Each offence, held, had to be tried separately--Joint trial vitiated. Emperor v: Sharufalli I L R 4 Bom1930 and Palaki Dadaponi Patro v. Emperor A I R 1945 Pat: 293 ref (b) Criminal Procedure Code (V of 1898), ---S.537 Jas amended by Criminal Procedure (West Pakistan Amendment) Act (XVII of 1964), S. 23]-Two offences neither forming one transaction nor committed in course of same transaction-Joint trial 'of issue offences illegal---Defect being vitiative of proceedings, held `incurable Case relating to pre-amendment. Period Amendment made-'by Criminal Procedure (West Pakistan Amendment ) Act 1964 in S537 held, inapplicable. Muhammad Warris v. The State P L D 1962 Kar. 181rel. (c) Criminal Procedure Code (V of 1898), ----S: 423-Retrial Convictions and sentences of accused illegally tried joint, set aside Convictions having been recorded 51/2 years previously retrial, of accused, In view of time lag, held, not fair.   ORDER This case has been referred to the High Court by, the Sessions Judge, Jhelum, tinder section 435/438, vide his order dated 23-[2-1963; recommending that the conviction of Bagh Hussain, Muhammad Hussain, Muhammad Sharif, Nazar Hussain and Rab Nawaz petitioners before him recorded by Raja Khizar Hayat, Magistrate Second Glass, Chakwal, under section 34'2/147; P. P. C. upheld in appeal by the learned S.D.M:, Chak was in his, order dated 28-2-1963, be quashed. 2. The short background of the case is that ,the above-; mentioned five persons were convicted by, Raja Khizar Hayat, Magistrate Second Class, vide his order dated 21-11- 1962 for, offences (i) under section 447;P.P.C. with an 'Award of one month's R. I. each; (ii) under -section 342, P..P-C with an award of 'four months' R. I.-each and (iii) under section 147, P. P.C. with , an award of one month 's R.I. with a direction for the concurrent running…