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Initializing Secure Chambers
Petitioner: MUHAMMAD SHAFI And Others VS Respondent: THE STATE-
Court Name: Lahore High Court Judge(s): Muhammad Munir Khan Title: MUHAMMAD SHAFI And Others vs THE STATE- Case No.: Criminal Revision No. 589 and 596 of 1984 Date of Judgment:1986-02-14 Reported As: 1986 P Cr. L J 2321 Result: Cases remanded
JUDGMENT
JUDGMENT The facts leading up to these two Criminal Revision Nos. 589 of 1984 and 596 of 1984, in brief, are that Muhammad Shafi and others, the petitioners were tried by Magistrate 1st Class, Lahore under section 379/411 P.P.C and were convicted and sentenced on 31-1-1983. The appeal filed by them failed on 4-11-1984, hence these revisions. 1 propose to dispose of them through Single Judgment. 2. Since after hearing the learned counsel for the parties, I feel inclined to set aside the conviction and sentence of the petitioners on account of legal infirmity in recording the statements of the witnesses therefore, I need not set out the facts in detail and enter into the a merits of the case. I find that Inayat and Iqbal Masih P.Ws. Had given evidence on 30-11-1981 and cross-examination was reserved without affording further opportunity to cross-examine the witnesses, the trial Court decided the case. This aspect of the matter was not considered by the Appellate Court. I am of the view that under the of the relevant law, the learned trial Court could not have reserved the examination and the very order whereby he reserved the-- examination was illegal. Furthermore, the witnesses were not summoned again for cross-examination. That being the position, there is no option but to set aside the conviction and sentence of the petitioners. The cases are sent back to the trial Court for retrial in accordance with law.
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revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.