Law: Criminal Procedure Code (V of 1898)

Section: 368,369,374,376,423

Law: Pakistan Penal Code, 1860

Section: 302

Criminal Procedure Code (V of 1898)------- ----Ss. 368, 369, 374, 376 and 423-Sessions Judge passed sentence of death under S. 302 of Penal Code-But he did not direct that convict be hang­ed by neck till he was dead-High Court confirmed sentence-­High Court has no power to correct error of Sessions Judge. The confirmation by the High Court under section 376, Criminal P. C., would mean only this : that the death sentence awarded by the trial Court was, in the view of the High Court, an appropriate sentence and should be allowed to stand. In confirming the sentence of death, it is nowhere prescribed that the High Court should clearly state that the sentence was to be executed by hanging as prescribed in the Code. The High Court has no special powers under Letters Patent to alter the . The , therefore, can­not be altered or reviewed. It is only where some "clerical error" is to be corrected, that it might be done. It is also doubtful whether the correction which is requir­ed to be made would be a mere "clerical error". It was not a mistake or slip made in the preparation or the copying of the . So far as the of the High Court is concerned, it was never the intention nor was it at all neces­sary that in dismissing the appeal and confirming the sentence of death the mariner of the execution of the death sentence in accordance with section 368, Criminal P. C., should have been indicated. JUDGMENT MUHAMMAD SHARIF, J.-This is a petition by the Advocate­-General, Punjab, under section 369, Criminal P. C., for the cor­rection of an alleged "clerical error". On the 15th June 1948, one Chiragh, a Pakistani Christian, was killed. Three persons, i.e., Saidu, Makhan and Shahru were tried for the murder by the learned Sessions Judge, Lahore. By his order of 12th January 1949, he gave the benefit of doubt to Shahru and convicted Saidu and Makhan under section 302, Indian P. C., and sentenced each of them to death subject to confirm­ation by the High Court. It was not mentioned, as required by section 368 of the Criminal P. C., that he "be hanged by the neck till he is dead". The death sentence was sent up for confirmation to this Court under section 374 and an appeal against…

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