Law: Civil Procedure Code (V of 1908)

Section: 367,424

Criminal Procedure Code (V of 1898),   S. 367 read with S. 424-Judgment of appellate Court-Not setting out points for determination, the decision thereon, nor reasons for the same-No judgment in eye of law-Case remanded for re= writing judgment.   The judgment should contain point or points for determination, the decision thereon, and the reasons for the decision. It should specify the offence, if any, of which and the section of P. P. C. under which the accused is convicted and the punishment to which he is sentenced.   It should be quite apparent on the face of the judgment that the Court has applied its mind to the case and has arrived at the final conclusion after considering the case before it in all its bearings.   Where an appellate Court's judgment only said that the judge had perused the grounds of appeal and the order appealed against and had arrived at the conclusion that there was no substance in the appeal:   Held, that the judgment was defective, vague and indefinite and that it was no judgment in the eye of law.   Case was remanded to the officer who heard the appeal for re-writing the judgment according to law.     Date of hearing : 4th January 1958.   JUDGMENT   MUHAMMAD SHAFI, J.-Mahmud Khan, Magistrate Second Class, Haripur, by his order, dated the 20th of February 1956, convicted Gul Zaman, son of Mir Zaman, on a complaint made under section 447, P. P. C., and sentenced him to a fine of Rs. 50, or in default to simple imprisonment for 20 days only. The accused went up on appeal against this order, which was heard by Mr. Muhammad Jan Khan, District Magistrate, Hazara, who disposed it of in the follow ing words :-   "The appellant and the P. I. present.   I have perused the grounds of appeal and the order appealed against and have heard the appellant.   All the ingredients of the offence were proved in the case. The sentence is not at all excessive.   There is no substance in the appeal, which is hereby dismissed."   The learned District Magistrate seems to have dealt with the case not as a judicial officer, but as an executive officer. It is…