Law: Criminal Procedure Code (V of 1898)

Section: 350, 537

Criminal Procedure Code (V of 1898) Ss. 350, 537 and Chap. XXIII-Sessions trial-Additional Sessions Judge proceeding with trial from stage left by his predecessor-Section 350 not being applicable to Session trials and provisions of Chap. XXIII not empowering Sessions Judge to take into consideration evidence recorded by his predecessor Trial, held, vitiated-Defect not curable by S. 537-Case remanded for fresh trial. Date of hearing : 30th January 1973.                                                                                                                                     JUDGMENT (1) Muhammad Ashraf, (2) Muhammad Aslam, (3) Bashir Abroad, (4) Nisar Ahmad, (5) Asghar Ali, (6) Akbar, and (7) Nazir were tried along with Hayat Muhammad and Altaf Hussain for offences under sections 148, 302/ 149 and 307/149, P. P. C. for having formed an unlawful assembly, armed themselves with deadly weapons and made a murderous assault on Rehmat Ali, Siddiq son of Rehmat Ali and Siddiq son of Sardar in prosecution of the common object of the said unlawful assembly. Rehmat Ali died as a result of the attack while Siddiq son of Rehmat Ali and Siddiq son of Sardar were injured. They were found guilty by Muhammad Mian Qureshi, Additional Sessions Judge, Lyallpur, vide his judgment dated 23-12-1969. He acquitted Hayat Muhammad and Altaf Hussain accused but convicted the rest for offences under sections 148, 302/307/325/323/149, P. P. C. They were sentenced as follows:-- (1) Under section 302/149, P. P. C. to transportation for life each. (2) Under section 307/ 149, P. P. C. to four years' R. I. each. (3) Under section 325/149, P. P. C. to two years' R.I. each. (4) Under section 323/149, P. P. C. to one year's R. I. each. (5) Under section 148, P. P. C. also to one year's R. I. each. They filed an appeal against the above-noted judgment…