Law: Criminal Procedure Code (V of 1898)

Section: 236, 237, 238, 302, 34, 364

Criminal Procedure Code (V of 1898) S. 236 read with Ss. 237& 238-Prejudice specific charge, effect of absence of-Accused charged under S. 302/34, P. P. C. but acquit ted of such charge and instead convicted under S. 364, P. P. C. Charge put to accused in their examination under S. 342, Cr. P. C. that they abducted deceased in order to murder him or so dispose of as to be put in danger of being murdered-Offence under S, 364, P. P. C. not being cognate to offence under S. 302, P. P. C., conviction of accused under S. 364, P. P. C. in absence of specific charge, held, prejudiced accused in his defence and hence unwarrant ed-Conviction set aside and retrial ordered, in circumstances. ---[Retrial]. Ghulam v. Crown P L D 1955 B 19 ref. Dates of hearing: 12th April ; 3rd and 4th May, 1981,                                                                                                                                            JUDGMENT Zahid Shehzad (16), Abdur Razzaq (15/16) and Muhammad Amir alias Beeri (16), residents of Bangla Gogera, were tried for the murder of Hamid Rashid by the learned Sessions Judge, Sahiwal, who, by his judgment dated 25th June 1979, acquitted them of the charge under section 302/34, P. P. C., but convicted them under section 364/34, P. P. C. and sentenced each of them to imprisonment for life. They have appealed Aman Ullah complainant has filed Criminal Revision No. 678 of 1979 to challenge their acquittal of the charge under section 302/34, P. P. C. Both these matters shall be disposed of by this judgment. 2. The facts of the case have been given in detail in the impugned judgment. However, for the purpose of this appeal and the connected revision petition, it may be mentioned that the case of the prosecution is that on 28th June 1978 all the three appellants abducted Hamid Rashid by…