Law: Criminal Procedure Code (V of 1898)

Section: S. 309

  First Information Report - Eye-witnesses - Names not mentioned in report-Evidence ruled out of consideration --Criminal Procedure Code (V of 1898), S. 154.   Criminal Procedure Code (V of 1898), S. 309-Assessors Opinion-Failure of Sessions Judge to invite on "all" charges "--Irregularity" if relating to minor part of case and not resulting in prejudice to accused, does not vitiate trial.   Non-compliance with section 309, Criminal Procedure Code has the full aspect of illegality only if no opinion at all were obtained from the assessors on any of the charges, otherwise it is an irregularity even if a minor part of the case has not been put to the assessors for their opinion, which irregularity would not vitiate a conviction unless there had been consequential prejudice to the person convicted.   Muhammad Sajjad and another v. The State P L D 1961 S C 13 rel.   Ahmad Khan and others v. The State P L D 1961 Lah. 543 and Tooh v. The State P L D 1960 Kar. 1 ref.   Where the opinions of assessors were invited by the Sessions Judge with the question:   What is your opinion ? Whether the accused are guilty or not ? And the assessors' reply was that the accused were guilty:   Held, that it could not be inferred from the reply that they were not expressing the opinion with respect to all the charges.   (c) Sentence-(Murder)-Accused's act "somewhat" provoked by deceased-Lesser penalty awarded-Penal Code (XLV of 1860), S. 302.   JUDGMENT   INAMULLAH, J.-Mamoon, aged 30 years, and his brother Bachu, aged 33 years, have been convicted under section 302/34, P. P. C. and sentenced, the former to death and the latter to transportation for life by Hamza Khan M. Qureshi, 1st Additional Sessions Judge, Hyderabad. Mamoon accused has also been convicted under section 326, P. P. C. and sentenced to five years rigorous imprisonment, while Bachu accused has also been convicted under section 323, P. P. C. and sentenced to twelve months' rigorous imprisonment. The learned Additional Sessions Judge has further directed that the sentence of Mamoon under section 326, P. P. C. shall take…