Law: Criminal Procedure Code, 1898

Section: S. 30

Sentence-Trial initiated ant proceedings carried on till defence stage in Court of Magistrate, First Class-Such Magistrate succeeded by Magistrate invested with power under S. 30, Cr. P. C., who neither described himself as being under such powers nor informed accused about those powers-Sentence of rigorous imprison ment for more than two years passed by such Magistrate, held, Illegal-Criminal Procedure Code (V of 1898), S. 30.   Mahi v. Emperor 17 Cr. L J 461 rel.     JUDGMENT   Abdur Rashid alias Sheeda, Hafiz and Muhammad Bashir Pardesi have been convicted under section 326/34, P. P. C., and sentenced to seven years' rigorous imprisonment, by Mr. Ehsan-ul-Haq Minhas, Magistrate 1st Class with section 30 powers, Gujranwala, by his judgment dated the 18th of May 1961. Abdur Rashid and Hafiz have filed a joint appeal (Cr. A. No. 386 of 1961), while Muhammad Bashir Pardesi has filed Criminal Appeal No. 428 of 1961. This judgment will dispose of both the appeals.   On the 16th of August 1960, Allah Ditta (P. W. 1) was sitting on a charpoy under apipal tree near his milk and curd shop. Feroze Din (P. W. 4), Muhammad Shafi (P .W. 9) and some others were also present near-about. Abdur Rashid appellant came near the shop of Allah Ditta P. W. and went back. Some time later, he again came to the shop of Allah Ditta and again went back. He came for the third time to the shop of Allah Ditta and upon his asking informed him that he was looking for somebody. After a little while, the three appellants came to the shop of Mehraj Din nanbai situated close to the shop of Allah Ditta P. W. Bashir appellant bad a bottle in his hand, while Hafiz had a cup in his hand. Allah Ditta enquired if they were going to take wine. Bashir appellant denied and they entered the shop of Mehraj Din. Hafiz then came to the shop of Allah Ditta and enquired from him if he had milk with him. Allah Ditta P. W. replied that he had no milk but he could offer cream. Hafiz shouted for the other two appellants that they should bring a cup and take the cream. There upon the other two appellants came. Bashir was holding a cup in his hands. They came close to the shop of Allah…