Law: Pakistan Penal Code, 1860

Section: 304

Law: Criminal Procedure Code (V of 1898)

Section: 263,264,265,268,208,000,000,000,000,000, 000,000,000,000,000,000,000,000

Law: Punjab Public Safety Act, (XVIII of 1949)

Section: 36

Law: Punjab Public Safety Act, (II of 1947)

Section: 30,2,35,37

West Punjab Public Safety Act (XVIII of 1949), S. 36---­Case exclusively triable by Sessions. Court-Pending before 15th August 1949-Tried by summons case Procedure and with aid of assessors-Procedure held, correct--West Punjab Public Safety Act (II of 1947), Ss. 35, 37. The West Punjab Public Safety Act (XVIII of 1949) contains no provisions corresponding to those contained in section 37 of the Punjab Public Safety Act, 1947. It has saved section 35 only and not section 37 of the old Act. In other words, t it prescribes the procedure of a summons case in the trial of a sessions case but has not prescribed that the commitment proceed­ings or the choosing of the assessors should be dispensed with. The result is that in all cases pending before the Sessions judge before the 15th day of August 1949, the procedure of a summons case shall be followed and the trial held with the aid of the assessors-as required by section 268 of the Criminal Procedure Code and the sessions cases instituted or pending before a Magistrate before the 15th August 1949, shall have to pass through the mill of the commitment proceedings before reaching the Sessions Court. JUDGMENT The sole question for decision is whether in view of the West Punjab Public Safety Act XVIII of 1949 the trial of a sessions case with the aid of the assessors was in order? The murder was committed on 17th of June 1549 and the trial com­menced on 14th of November 1949. The procedure followed was that prescribed for the trial of summons cases by Chapter XX of the Code of Criminal Procedure. The learned Session Judge, Lahore, found the accused guilty under section 304, Part I, Indian Penal Code, and sentenced him to three year's rigorous imprison­ment on 16th of November 1949. The case was taken cognizance of, on the revision side, and as there appeared to be a conflict over the necessity of holding the Sessions trial with the aid of assessors, My Lord the Chief justice referred it to a Division Bench for an authoritative pronouncement on the point. The West Punjab Public Safety Act XVIII of 1949 was notified in the gazette on 13th of August 1949 and "shall be deemed in force as from the fifteenth day of August…

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