Law: Criminal Procedure Code, 1898

Section: S. 309-Assessors opinion

  Criminal Procedure Code (V of 1898), S. 309-Assessors opinion---Each specific charge to be separately put to assessors --Non-compliance---Prejudice to accused-Retrial-From point where illegality crept in -- With help of same assessors, advocate for accused and Public Prosecutor-Fresh judgment after hearing fresh arguments and putting questions to assessors on each charge separately.   [Case-law referred]   Criminal Procedure Code (V of 1898), S. 341 & Ch. XXXIV----Accused neither deaf nor dumb but unable to make replies possibly due to unsoundness of mind-Trial Judge to proceed according to Ch. XXXIV.         JUDGMENT   The four appellants in this matter along with four other accused since acquitted were tried by the learned Additional Sessions Judge, Sukkur, at Khairpur Mirs (Mr. Ghulam Hussain A. Shaikh) for offences under sections 147, 325 and 323 read with section 149, P. P. C. Only the present four appellants were convicted under sections 325 and 323 read with section 34, P. P. C. Three of the present four appellants, namely, Kouro, Dino and Allah Rakhio were sentenced to undergo rigorous imprisonment for eighteen months under section 325, P. P. C. and to undergo rigorous imprisonment for six months under section 323, P. P. C, both the sentences to run concurrently. With regard to the appellant Ghani, he has also been found guilty under sections 325 and 323 read with section 34, P. P. C., but the learned Judge has not imposed any sentence upon him. Instead, he has referred his case to this Court and this reference forms the subject-matter of Criminal Reference No. 469/61 which will be dealt with later in this judgment.   It is unnecessary to set out the facts of this case because I am deciding this matter ona preliminary point raised by Mr. S. S. Shaikh, the learned Advocate, appearing on behalf of the appellants. This point is that the assessors have not been separately questioned on each charge framed against the appellants. As mentioned above, the charge framed against these appellants is in respect of offences under sections 147, 325 and 323 read with section 149, P. P. C. The question put by the trial…