Law: Criminal Procedure Code (V of 1898)

Section: 423

Law: Penal Code (XLV of 1860)

Section: 468, 471, 448, 34

Criminal Procedure Code (V of 1898), S. 423-Remand of cases-Accused in full senses getting his two transfer applications dismissed, deliberately refusing to answer questions put to him and forgoing his right to cross-examine prosecution witnesses and of producing witnesses in defence-Cannot be allowed to agitate at appellate stage that he was not given opportunity to defend himself arid therefore case be remanded for decision afresh-Evidence on record sufficiently and beyond reasonable doubt establishing guilt of accused-No purpose likely to be served by remanding case-Appeal dismissed-Penal Code (XLV of 1860), Ss.- 468, 471 , 448/34. Date of hearing: 15th February 1973.                                                                                                                                          JUDGMENT Appellant Anwer Ali Shah, along with two other persons, was committed for trial by the Joint Civil Judge and F. C. M., Nawabshah for offences under sections 463, 471, 448/34, P. P. C,, to the learned Sessions Judge, Nawabshah who by his judgment dated 29-10-1970, acquitted the other two co-accused but convicted and sentenced the appellant to suffer R. I. for one year and to pay a fine of Rs. 1,000, or in default six months' R. J. for offences under section 468, P. P. C. He was further sentenced to suffer R. I. for one year under section 471, P. P. C. and six months' R. I. for offences under section 418, P. P. C. the sentences of imprisonment to run concurrently. He has challenge9 his conviction. 2. The facts briefly are that on 5-8-1967 one Haji Mohammad Yakoob Khan. Development Officer of the lands of one Mst. Sherimati Peopri Bai, lodged an F. I. R. at Daur Police Station, District Nawabshah, alleging that on 4-8-1967 one Jamadar Naqi Khan sent information to him that appellant along with two acquitted…