Law: Criminal Procedure Code (V of 1898)

Section: 435, 439, 106

(a) Criminal Procedure Code (V of 1898) Ss. 435 & 439 Revision-Revisional powers under Ss. 435 & 439-Not circum scribed by any limitation-High Court, held, can pass any appropriate order to correct any error, impropriety or illegality in interest of justice. Any error; impropriety, or illegality of any finding, sentence or order passed by the Courts below can be agitated and pressed once the record has been summoned for examination by High Court in exercise of its revisional jurisdiction although it had not been urged at the time of the admission of the petition as the provisions of section 435/439, Cr. P. C. are not circumscribed by any such limitations and High Court can pass any appropriate order to correct any such error, impropriety and illegality in the interest of justice which is the supreme concern of High Court. Mohibullah v. Usman Khan and another P L D 1967 Pesh. 311 rel: (b) Criminal Procedure Code (V of 1898) S. 106-Bonds for keeping - peace-Occurrence mere outcome of casual flare up and no more enmity or litigation between parties existing-Held, no justification in requiring execution of bonds to keep peace, in circumstances. (c) Criminal Procedure Code (V of 1898)  Ss. 435 & 439- Revision -Accused neither joining co-accused in petition nor pre ferring any separate petition challenging order passed against him- High Court, held, can grant relief even to those who are not party to revision petition. Bula Khan and others v. The State P L D 19(7. Kar. 608 and Gauhra v. The State 1968 P Cr. L J 1118 rel. Date of hearing : 5th March 1971.   JUDGMENT The two petitioners Dui Muhammad and Ghafoora were convicted along with' Sajwara and Wallia under section 308; 34 P. P. C. and sentenced to rigorous imprisonment for three year with a fine of Rs: 1,000 each or in default to undergo further rigorous imprisonment for six months for causing injuries to Allah Bakhsh, his wife Mst. Lalan and his nephew Falak Sher P. Ws. but on appeal the learned Additional Sessions Judge con verted their conviction to that under section 323/34, P. P. C. and the sentence of Dur Muhammad petitioner and - Sajwara were reduced to rigorous imprisonment for…