Law: Criminal Procedure Code (V of 1898)

Section: 424,367

Criminal Procedure Code (V of 1898), Ss. 424 & 367 ---Provisions of S. 367 applicable to judgments passed in appeals by Courts even other than High Court-Setting down conclusion without reasonings in support-Not a proper way of disposing of with appeal-Such perfunctory treatment of appeals--Deprecated. JUDGMENT  RAHMAN, J.-The petitioners before us have been convicted under section 457 and 380 of the Pakistan Penal Code and sent enced to suffer rigorous imprisonment for eighteen months each under each count but the sentences are to run concurrently. It is against this conviction that the petitioners preferred two separate appeals before the learned Sessions Judge. The said appeals were heard together and disposed of by the same judgment of the learned Additional Sessions Judge on the 17th of June 1957. It is against this decision that the petitioners have now jointly come up by one petition to this Court and obtained this Rule on two grounds, namely, firstly, that the judgments of the Courts below were not in accordance with law and, secondly, that the 342, Cr. P. C. examination has not been made in accordance with the provisions of law.   The learned Advocate appearing on behalf of the State has taken a preliminary objection that, since two appeals were preferred in tile Court below, two separate applications in revision should have been filed: We do not, however, take this objection seriously for, in any event, the application of one of the petitioners would be perfectly competent and so far as the other petitioner is concerned we could treat his case as coming otherwise to our knowledge and deal with it- under section 439 of the Code of Criminal Procedure. We have accordingly heard this Rule.   The learned Advocate for the petitioners has drawn our attention to the judgment ofthe Court of Appeal below. After reciting that there were two appeals before him, the learned Additional Sessions Judge sums up the prosecution, case, then says that the accused persons pleaded not guilty to the said case and then mentions how many prosecution witnesses were examined in this case and what the Magistrate below decided ; then sets out only one point f…