Law: Penal Code (XLV of 1860)

Section: 319

Law: Criminal Procedure Code (V of 1898)

Section: 439

Penal Code (XLV of 1860) S. 319‑‑‑Criminal Procedure Code (V of 1898), S.439‑‑‑Revision application‑‑Trial Court had framed the charge in question under S.319, P. P. C. instead of S. 302, P. P. C. and had completely overlooked the substance of clear allegation contained in the F.I.R. and reiterated in the interim challan and had proceeded to‑follow the ipsi dixit of police officials shielding their colleagues‑‑ Police officials were required to place before the Court all evidence collected in respect of commission of the offence and they could not assume the function of Trial Court by sifting evidence and that too to the extent of rejecting specific allegation in the F.I.R. on account of certain statements recorded under S.161, Cr.P.C. which had a limited worth and could not be treated as evidence‑‑ Accused indeed were entitled to use such statements at the trial for the purpose of confronting and contradicting the complainant, but using such statements as the basis of the charge was a mala fide effort on the part of the Investigating Officer in going out of his way to protect his colleagues‑‑ Manner in which the matter was treated by the Trial Court was also deprecated by the High Court‑‑‑Trial Court, in circumstances, was directed to frame the charge afresh and thereafter to proceed with the trial‑‑‑Revision petition was accepted accordingly.                                                                                                                                                   ORDER On 26‑4‑2000 at about 2‑30 a.m. one Muhammad Aslam Qureshi (informant) lodged an F.I.R. in Police Station Kalakot, District Karachi South the relevant part whereof may be reproduced as under:‑‑ "On 24‑4‑2000, the Station House Officer, Police Station, Kalakot, Karachi, Sir, it is respectfully submitted that…