Law: Criminal Procedure Code (V of 1898)

Section: 439

Criminal Procedure Code (V of 1898) S. 439--Revision (criminal)-Cross-cases to be tried separately but to be disposed of at same time by same Court-Complaint relat ing to cross version of same occurrence, however, made over to an Additional Sessions Judge and such Judge dismissing same while original case pending trial with Sessions Court-Order of dismissal of complaint, set aside and Sessions Court directed to withdraw complaint case to its own file for trial. Date of hearing: 22nd June, 1980.       JUDGMENT This revision petition is directed against the order of learned Additional Sessions Judge, Rawalpindi dated 5th December, 1979 whereby the complaint filed by Rahmat. Ali was dismissed. 2 The facts leading to the filing of revision petition are as under:-- On 30th June, 1977, a case under section 307/34, P.P.C., was registered on the written complaint of Nazak Hussain, which he delivered to Farman Ali S. H. O., in Civil Hospital. It was alleged by Nazak Hussain that Muhammad Nawaz armed with 12. bore gun, Imtiaz armed with 7 mm, rifle and Muhammad Afzal armed with knife attempted on his life and also attempted on the life of Muhammad Hanif. He disclosed in the written complaint that Muhammad Nawaz fired a gun shot at Muhammad Hanif, which hit him on the abdomen, and Imtiaz fired a rifle shot which hit Muhammad Hanif on his left arm. About his own injuries, he disclosed that Muhammad Afzal, Nawaz and Imtiaz injured him with knife, gun and rifle. The motive was stated to be a dispute between Nawaz accused and Saeedullah over the land. The second motive asserted in the complaint was that prior to the occurrence, Muhammad Hanif and Saeedullah had quarrelled with Nawaz and Imtiaz accused but due to the timely intervention of Inayatullah, no untoward incident happened. Muhammad Hanif died on account of his injuries on 27th July, 1977 and offence under section 302, P.P.C. was added. The case was investigated by the S. H. O., D. S. P./S. D. P. O. Muhammad Nawaz and Muhammad Afzal were found innocent but in view of the ocular evidence, challan was submitted against them also. Imtiaz Ali was arrested in the above-mentioned case on 4thJuly, 1977. He was…