Law: Criminal Procedure Code (V of 1898)

Section: 366, 410

Law: Penal Code (XLV of 1860)

Section: 302

(a) Criminal Procedure Code (V of 1898) S. 366-Judgment-Trial Court hearing whole case in presence of accused and notifying date for announcement of judgment within knowledge of accused-Accused absenting himself from Court on notified date-Trial Court announcing judgment on such notified date in absence of accused but in presence of his counsel-Held, Court committed no irregularity or illegality in announcing judg ment on day already notified for purpose.-[Judgment). Tufail v. Emperor A I R 1927 Lah. 870 distinguished. (b) Azad Jammu & Kashmir Islami Tazeerati Act Ss. 5 & 24 read with Penal Code (XLV of 1860), S. 302 and Criminal Procedure Code (V of 1898) --- Murder --- Prescribed standard of evidence according to Islamic Law of Evidence (at least two adult male Muslims) not available in case-Offence of murder, in such circumstances, to be tried under provisions of Penal Code by a Court of competent jurisdiction as established by Cr. P. C.-[Evidence]. (c) Criminal Procedure Code (V of 1898) S. 410--Appeal -- Limitation -- Condonation of delay-Non---delivery of copy of judgment to accused appellant or his counsel Held, constitutes sufficient cause for condonation of delay for determination of appeal on merits in interest of justice-Limitation Act (IX of 1908), S. 5-[Limitation-Appeal (criminal)]. (d) Penal Code (XLV of 1860) S. 302-Murder-Abscondence of accused from site of occur rence after commission of crime-Held, corroborative of testimony of eye-witnesses. -[Abscondence]. (e) Penal Code (XLV of 1860) S. 302-Murder-Evidence-Evidence of mother against her real son--Held, cannot be lightly brushed aside-Such evidence must be believed unless there is any reason to discard same.-[Evidence]. (f) Penal Code (XLV of 1860) S. 302-Murder-Sentence-Accused aged 15 years at time of commission of offence mentally perturbed due to disrepute brought to his family by deceased suspected to have illicit intimacy with one-of his sisters and in order to exonerate his honour inflict ing single fatal blow on deceased with knife--Sentence of death, in circumstances of case commuted to that of imprisonment for life.-[Sentence]. Date of institution : 5th May, 1980.  …