| Case ID |
147412c6-592e-4344-80c0-843482ecdff7 |
| Body |
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| Case Number |
Appeal No. 843 of 1952 |
| Decision Date |
Feb 20, 1953 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that the joint trial of the appellants was not permissible under the provisions of the Criminal Procedure Code. The court determined that the transactions relating to the murder of Gut Sher and the subsequent injuries to prosecution witnesses were distinct and should not have been tried together. Consequently, the appeal was accepted, and a retrial was ordered for the two offences separately. The court emphasized that the accusation rather than the charge determines the permissibility of a joint trial. The trial of the five appellants accused of murder was allowed under certain clauses of section 239, but the other twelve accused could not be tried jointly due to the lack of a unified accusation. This decision reinforces the importance of proper legal procedures in criminal trials. |
| Summary |
In the case of Appeal No. 843 of 1952, the Lahore High Court examined the legality of a joint trial involving multiple defendants accused of separate but related offences. The appellants, including Muhammad Khan and others, were convicted of murder and causing injuries during two distinct incidents. The court found that the initial accusation was crucial in determining whether a joint trial was appropriate. It was established that the transactions were not the same, leading to the conclusion that separate trials were necessary. This case highlights the critical interpretation of legal provisions under the Criminal Procedure Code, particularly sections 239 and 233, which govern the conditions under which joint trials may occur. The ruling serves as a precedent for future cases concerning the misjoinder of defendants and the requirements for joint trials in criminal law. The decision reinforces the principle that each accused's rights must be protected through fair legal processes, and emphasizes the significance of clear accusations in the context of criminal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
S. A. RAHMAN,
SHABIR AHMAD
|
| Lawyers |
M. Saleem,
M. B. Zaman,
C. M. Sharif
|
| Petitioners |
AHMAD KHAN,
MEHR KHAN,
MUHAMMAD KHAN,
ASHRAF,
KHAN BAHADUR son of MUHAMMAD KHAN,
KHAN BAHADUR son of SIKANDAR,
FAZAL NUR,
DHUMAN,
ZARU,
FAZAL,
KHUDA DAD,
PAINDA
|
| Respondents |
THE CROWN
|
| Citations |
1953 SLD 126,
1953 PLD 262
|
| Other Citations |
Babulal Chaukhani v. King-Emperor A I R 1938 P C 130,
Noor Din v. Crown 1952 Pak. L. R. 163
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
239,
233
|