Law: Criminal Procedure Code (V of 1898)

Section: 357, 403

Criminal Procedure Code (V of 1898)  S. 357-Accused respondent's conviction set aside on appeal due to some technical defects in proceedings and case remanded for retrial-Accused, however, serving out entire sentence and released from jail before proceedings on remanded started--Remand order on technical defects, held, bad in law-Not expedient to reopen matter after 4J years especially when accused served out whole sentence-Criminal Procedure Code (V of 1898), S. 403. Date of hearing: 24th October 1973.                                                                                                                            ORDER OF REFERENCE The facts of the case are as follows :- The accused Jahan Dad was married to !List. Munawar Begum, about 15 years ago. They Have five children. Two of them are daughters and three of them are sons. In March i9iy, they shifted to the town of Jhelum, for earning their livelihood by dint of hard labour. The accused worked as a labourer in the town of Jhelum, whereas his wife installed an owes for baking breads on wages. 2. Unfortunately on 2-5-69 the man and wife had an altercation on a petty matter. At Kuftanwela the wife reprimanded her son on a trifle and the accused took it ill. He abused her. Her brother, Basher was also there. He intervened and separated then. The matter was hushed up. After a short time, the accused began to close the windows and the wife objected to it. They exchanged abuses. The accused felt so much offended that he took up a hatchet and gave a blow from its wrong side to her head. In the turmoil their youngest son Tanvir began to weep. He was lifted up by the wife in her lap. At the same hatchet from the wrong side, unfor tunately, this blow landed at Tanvir. The result was that the child died after a short time. The wife had received only simple injuries. The accused was challaned for…