Law: Criminal Procedure Code (V of 1898)

Section: 244

Law: Pakistan Penal Code, 1860

Section: 300,302

(a) Criminal Procedure Code (V of 1898) S. 244-Recording statement of accused before conclusion of prosecution evidence -Whether an illegality-Court's power to hear accused-----­To be exercised at any time when accused wants to be heard. The trial Judge, in a case tried .as a summons case, recorded the statement of accused before the prosecution evidence had concluded, Held, that the Judge had not committed an illegality. The power given by section 244 to the trial Court to hear the accused can be exercised at any time when the accused wants to be heard. In the present case, the accused persons had themselves offered to make statements, and that it was because they wished to make statements that the Court proceeded to examine the accused on the first day of 'the trial. (b) Penal Code (XLV of 1860) Ss. 300, 302-Culpable r homicide or murder-Intention-Knowledge-Tribunal to decide on facts before it-Decisions in other cases not of much assistance. JUDGMENT Harder, aged 25 years, and his brother Mughal, aged 50 years, Shana, aged 21 years, and Bati aged 18 years; sons of Mughal, were tried by the Additional Sessions Judge, Gujrat for the murder of one Khawaja, an old man of about 60 years and. for causing simple hurts to Khawaja and two persons who have appeared as prosecution witnesses and convicted under sections 302/34 and 323/34 of the Pakistan Penal Code. For the offence of murder. Haider was sentenced to death while the 3 others were sentenced to' transportation for life and all the four were sentenced to six months' rigorous imprisonment under section 323/34. The sentence under section 323/34 was to run concurrently with the sentence under section 302 and in the case of Harder was to come into operation if the sentence of death passed on him was not confirmed by this Court. Haider, Shana, and Batti have put in a joint appeal against their convictions, which is Criminal Appeal No. 739 of 1949 and Mughal, has put in a -separate appeal, Criminal Appeal No. 778 of 1949. We have to consider these appeals and the record is also before us for confirmation of the death sentence imposed upon Haider. The two appeals and the reference under section 374 of the Code of…

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