Law: Criminal Procedure Code (V of 1898)

Section: 537

Criminal Procedure Code (V of 1898) S. 537-Pauper's defence Murder trial-Prejudice-Entire proceeding before trial Judge appearing to have been conducted shabbily-Accused's confessional state ment of double murder, bearing no thumb-impression of accused Nothing on record to explain under what circumstances counsel appointed at State expense to defend accused was superseded by another counsel not duly authorised by accused to defend his case Accused, held, badly prejudiced in his defence, for want of proper legal, advice in circumstances-Trial, held, further conducted illegally and not curable under S. 537, Cr. P. C., 1898--Case remanded for re-trial. Dates of hearing : 2nd, 3rd and. 4th March. 1970 ORDER MUHAMMAD FAZLE GHANI KHAN, J.-Appellant Allah Diwaya son of Pit Bakhsh, Rind Baloch, aged 22 years, resident of village Bait Qaimwala, Police Station Dira Din Pariah, District Mazaffar garh on a charge under section 302, P. P. C. for the murder of one Karim Bakhsh son of Jewan alleged to have been caused on 9th of January 1965 at about 8 a. m. near Nehar Magsan and for having committed the murder of his sister Mst. Nooro on the same day at about Pehar din charha in the area of Chah Habib Wala, village Bait Qaimwala within the jurisdiction of Police Station Dira Din Pariah. The appellant has been convicted accordingly by order of the trial Court dated 18th of January 1966 and has been sentenced to transportation for life. He has preferred this appeal against his conviction and sentence from jail. 2. Briefly stated the prosecution story ruins as follows:- Sometime before the fateful day, Karim Bakhsh deceased had abducted Mst. Nooro, sister of the appellant, and married her forcibly, About 22/23 days before the occurrence Karim Bakhah started living in his house in village Bait Qaimwala with Mst. Nooro and this act was resented by appellant and his brothers Allah Ditta and Ghulam Farid and they were seeking an opportunity to kill both of them. It is alleged that on the day of occur rence deceased Karim Bakhsh was going on the carrier of a bicycle which was drived by Barkhurdar (P. W.) and both of them were proceeding towards Taunsa Barrage. Karim Bakhsh…