Law:

Section:

Criminal Procedure Code (V of 1898)--S. 340(2)---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted on the contention that the accused were not given the option in terms of subsection (2) of S. 340, Cr.P.C. to appear as their own witnesses and because of this omission the trial of accused was vitiated---Accused could not be shown to have been prejudiced in any way in their defence---Leave to appeal was, therefore, withdrawn and the petition was dismissed accordingly. PLD 1991 SC 787 rel. JUDGMENT MUHAMAMD RAFIQ TARAR, J.---In this case leave to appeal was granted vide order dated 4-2-1990. The learned Judges inter alia observed: "We were not inclined to grant leave on merits as the 2 Courts below have appraised the evidence and have drawn proper conclusions there­from. However, Mr. Q.M. Salim, learned counsel for the petitioners has contended that the petitioners were not given the option in terms of subsection (2) of section 340, Cr.P.C. to appear as their own witnesses and therefore, according to learned ASC, because of the above omission the trial of the petitioners was vitiated." 2. Mr. Q.M. Salim, counsel for the appellant has reiterated the above ground before us. The perusal of the record, however, reveals that the appellants were asked whether they wanted to make a statement on oath under section 340 (2) of the Cr.P.C.…

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