Law: Criminal Procedure Code (V of 1898)

Section: 350

Criminal Procedure Code (V of 1898)--------   ----S. 350-Does not apply to trials in Court of Session-Sessions Judge convicting accused on evidence entirely recorded by another Sessions Judge-Con viction illegal.   The accused were tried in the Court of Session under Ss. 302 and 307, P. P. C. At the conclusion of arguments, the case was fixed for orders, when the Public Prosecutor applied for with drawal from the prosecution of the case, so that the same may be referred to a Council of Elders under the Frontier Crimes Regulation (III of 1901). This application was allowed under S. 15 of the Regulation and accordingly the record of the case was forwarded to the Deputy Commissioner. Whether or not a reference was actually made to the Council of Elders was not clear from the record, but, in view of a finding of the Peshawar Bench of the High Court that trials under the Frontier Crimes Regulation after the 23rd March, 1956 were illegal, the Deputy Commissioner sent back the case to the Court of Session for decision according to law. At this time, a different Sessions Judge was in office, who, without hearing the case afresh, passed orders of conviction on the evidence recorded already.   Held, that the Sessions Judge acted illegally in announcing judgment on the basis of the evidence recorded by his pre decessor.   While S. 350, Cr. P. C. had no application to trials in the Court of Session, a reference to section 309 of the Criminal Procedure Code showed that, after the case for the defence and prosecutor's reply were concluded and the Court had summed up the evidence for the prosecution and defence, the opinion of each of the assessors was to be taken. The Judge presiding at such a trial was then required to give judgment and to pass sentence in accordance with law. This provision of law did not empower the Presiding Officer of such a Court to base his judgment on the evidence recorded by his predecessor.   The case was ordered to be re-tried.   Bashir v. The Crown P L D 1950 Lah. 224 ref.   King-Emperor v. Sakharam Pandurang and another 26 Bom. 50 ; Emperor v. Badri Parshad 35 All. 63 ; Nag San Tin v. Emperor A I R 1930…