Law: Criminal Procedure Code (V of 1898)

Section: 537

Criminal Procedure Code (V of 1898)— ------ Ss. 537, 435 & 439 read with Pakistan Penal Code (XLV of I860)—" Ss. 419. 420, 468 d 471/109 & Prevention of Corruption Act (II of 1947)—S. 5 (2)—Proceedings — Error or omission in—Effect of— Separate FIR—Separate challans—Separate trial—Disposal of with one judgment—Legal effect—Both cases arising out of one FIR— Such fact, held, not to justify one judgment in two separate and independent trials — Held further : Finding of trial judge that it would be just and convenient to take up both cases together for dis­posal as evidence recorded in one case has also bearing upon other connected case to be illegal and against law and to result in grave miscarriage of justice—Acquittal in both cases being based not on legal evidence recorded in each case independently, illegality/ irregularity not to be curable under S. 537 Cr. P. C. [P. 4b4]A 1970 SCMR 256 & PLJ 1981 SC 521 rel. PLJ 1974 Cr. C. (Kar.) 503 ; 1980 P. Cr. L. J. 1062 ; AIR 1927 P. C. 28 ; AIR 1928 Lah. 34 * AIR 1938 Lah. 249 ref. PLD 1966 SC 708 distinguished.    JUDGMENT This judgraentwill dispose of Crl. Revision No. 113  of 1984 and Crl. Revision No. 114 of 1984 as common question of law is involved in both these cases, 2.                 The facts of the case are that one Rehmat Khan had three sons named Shah Mohammad, Ali  Mohammad and Hussan Bakhsh.   Out of these, Shah Muhammad and  Ali Mohammad had no issue while Hussain Bakhsh had a son named Din Mohammad.   Abdul Haq present petitioner is a son of this Din Mohammad and grandson  of Hussain Bakhsh.    It is alleged that Ali Mohammad owned 34 kanals 1 marhs of land in  village Cbak No. 33" G. B.    Tehsil  Gojra,  Dirtrict Toba Tek Singh.    He  was residing with one Nabi Bakh»h and allegedly died on  13-6-77.   It is stated that on 28-6-77,   Mohammad Ashraf…