Law: Criminal Procedure Code (V of 1898)

Section: 162,423,439

Law: Pakistan Penal Code, 1860

Section: 304A

(a) Criminal Procedure Code (V of 1898), S.162-Statement made by accused before Police officer during investigation-No indication that accused wanted to lodge a counter-report­ Statement inadmissible. After the Sub-Inspector had finished recording the F. I. R. and was preparing to depart for the spot, he saw the accused arrive, called him and then after questioning him, recorded his statement in the zimni. There was no indication that the appellant had gone there to lodge a counter-report. Held, that in these circumstances section 162, Criminal Pro­cedure Code, was attracted to the case, and the statement was not admissible in evidence. A. I. R. 1941 Oudh 359 and A. I. R. 1942 Oudh 60 distinguished: (b) Criminal Procedure Code (V of 1898), Ss. 423 and 439­ At,pezl, as well as, revision for enhancement before Court ­Conviction under S. 304-A can be altered to one under S. 304, Part II and sentence enhanced. The combined effect of Sections 423 and 439 Criminal Procedure Code is that the High Court can, acting on the appellate side, alter the conviction from one under section 304-A, Pakistan Penal Code to that under section 304, part II, Pakistan Penal Code, and then enhance the sentence, if so deemed fit, on the revisional side. A. I. R. 1941 Lab. 465 and A. I. R. 1948 Lab. 74 followed. JUDGMENT Amanat Ali was tried by the learned Sessions Judge, Rawalpindi, under section 302 Pakistan Penal Code. He was convicted under section 304-A Pakistan Penal Code only and sentenced to two years' rigorous imprisonment. An appeal has been preferred to this Court on behalf of Amanat Ali and the complainant in the case, Lal Hussain, has also put in a revision petition praying that the conviction be altered to one under section 304 Pakistan Penal Code and the sentence suitably enhanced. This order will dispose of the appeal and the revision petition together. The occurrence in the course of which Sadiq deceased in this case, lost his life took place on the 20th of July 1949, at about digarwela within the abadi of village Panjgran. The F. I. R. was lodged by Lal (P. W, 2) the same day at about 7-30 p. m., the police station being some two miles away. The deceased was a servant in…

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