Law: Criminal Procedure Code (V of 1898)

Section: 534

Criminal trial Cross-cases-Trial Judge deciding case in hand on basis of testimony appearing in cross-case-Action of trial Judge, held, not only entirely illegal but also not curable under S. 537 of Criminal Procedure Code, 1898-Impugned judgment of High Court in so far as it concerns refusal to direct retrial, held further, not wrong in view of circum stances of case and keeping in view part played by both sides resulting in injuries to both parties.-Criminal Procedure Code (V of 1898),' S. 534.--[Cross-cases-Retrial]. Pehlwan v. The State P L D 1975 Kar. 84 and Emperor v. Anandya S. Mahir A I R 1940 Lah. 466 ref. Date of hearing : 8th March 1981.                                                                                                                                         ORDER MUHAMMAD APZAL ZULLAH, J.--This order should be read alongwith the order on Criminal Petition No. 19-R of 1980. -The acquittal in appeal, of the respondents by the High Court, which has been challenged through this petition, is based on the grounds as observed by the learned Single Judge, that "the learned trial Judge has not discussed the evidence in the instant case whether relating to the ocular account, the medical testimony or the reco veries, but has proceeded to dispose of the case in two short sentences as follows :--- "In this case there were two cross versions and while disposing of murder case I discarded the version of the accused and accepted that of Muhammad Gulzar P. W. On the reasons given in cross case I.e. The State v. Muhammad Gulzar etc. which shall be read as part of this judgment I accept the prosecution version which even otherwise has been supported by Muhammad Gulzar, Mehboob Hussain and the medical evidence." ' In short the learned trial Judge has decided the present case on the basis of the…