Law: Pakistan Penal Code, 1860

Section: 302,148,149

Penal Code (XLV of 1860)--- ----Ss.302, 148 & 149---Negligence in attending to murder cases by witnesses causing delay---Modes to be adopted by Courts started---Adjournment granted to accused---Subject to payment of diet money---Validity---Prosecution witnesses on the date fixed for evidence, were present, but counsel for accused was not in attendance---Adjournment was allowed to accused subject to imposition of diet money which was directed to be paid by accused to prosecution witnesses---In view of growing tendency of negligence in attending to murder cases which was the main cause of delay, three modes could be adopted (i) granting last opportunity to accused to produce his counsel (ii) recording examination-in-chief of the witnesses in absence of accused counsel and reserving right of cross-examination and if not conducted on the adjourned date and (iii) providing a defence counsel at State expense---Imposition of fine on accused for absence of counsel finds no place in Criminal Procedure Code, 1898---Trial Court, in circumstances had travelled beyond its jurisdiction in the case---Impugned order was set aside---Fine, if realized, was to be refunded to accused/petitioners. Beedha-accused v. Emperor through Bhagirath AIR 1922 All. 184(1) rel. JUDGMENT SARDAR MUHAMMAD ASLAM, J.---This is an application for revision against the order dated 1-7-2004 whereby adjournment to the accused in a private complaint under sections 302/148/149, P.P.C. was granted subject to the payment of Rs.4,000 as diet money. 2. A case vide F.I.R. No.12 dated 19-7-2002 was registered against the petitioners for the alleged murder of Amanat Ali. Investigating Agency found the case false resulting its cancellation. Complainant instituted a private complaint. Process was issued. Case was listed for evidence. Prosecution witnesses were present. Learned counsel for the accused was not in attendance. Adjournment was allowed subject to imposition of Rs.4,000 as diet money, which was directed to be…

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