Law: Penal Code (XLV of 1860)

Section: 324/148/149/337-F(v)

Penal Code (XLV of 1860)--- ----Ss. 324/148/149/337-F(v)---Appreciation of evidence---F.I.R., site plan and relevant documents, were not brought on record of the case, but despite that same were considered by the Trial Court, which were not warranted under the law---No bar existed on joint trial with respect to two connected cases, but when the documents in one case were to be used as evidence in the other case, their copies must be brought on file of the other case and proved, which was lacking in the case---Trial Court had drawn conclusion from the evidence, facts and circumstances of connected case without exhibiting copies on record---Such were not mere causal references, but substantial conclusion on which the conviction of accused was based which was illegal---Co-accused were acquitted through impugned judgment, but no appeal having been filed against their acquittal same had attained finality---Impugned judgment to the extent of conviction of accused, passed by the Trial Court, was set aside and case was remanded to the Trial Court for trial de novo. AIR 1933 Madras 367; Khair Muhammad and others v. Emperor AIR 1940 Lah. 466; The State v. Bashir Ahmad and another PLD 1963 (W.P) Kar. 242; Syed Rahim Bakhsh Shah v. Ghaus Bakhsh Shah and 22 others PLD 1967 Lah. 932; Pehlwan and 4 others v. The State PLD 1975 Kar. 84 and Muhammad Gulzar v. Muhammad Ashraf and 3 others 1981 SCMR 435 ref. JUDGMENT MUHAMMAD ALAM KHAN, J.---This is an appeal against conviction filed under section 410, Cr.P.C. by the appellant Sahibzada Sibghatullah against the judgment dated 18-7-2007 passed by the learned Additional Sessions Judge-1 Lakki Marwat in case F.I.R. No.96 dated 7-3-2004 of Police Station Naurang registered under sections 324, 148, 149, P.P.C, whereby he has been convicted under section 324, P.P.C. and sentenced to five years R.I. with payment of fine amounting to Rs.25,000, in default to undergo one year simple imprisonment. He has been further convicted under section 324 read with section 337-F(v), P.P.C. and sentenced to two years'. R.I. with payment of Daman amounting to Rs.50,000. Benefit under section 382-B, Cr.P.C. has, however, been extended to him. 2.…

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