SHAH NAWAZ versus STATE
Remand of the case not pending in accordance with the amended provisions of sections 302/34, 337A (ii) / 34 and 304 of the Criminal Code (V 1898), Section 537, Sections 302 and 304, Contempt Rules, 1860 The amended provisions of Sections 2302 and 4304 were obtained, although the panel code was in the field on the date of the convictions and the accused's statements under 5 342, CRPC were amended by the trial court. Was recorded, yet there was no trial. The law proceeded and the verdict was made under section 302, the PPC accused should have been tried under the new section 304, PPC, under the circumstances, and thereby, in the case unlawful section 57, Was not curable under the CRPC. As a result, the conviction and sentence of the accused were set aside and the case was referred to the trial court for strict action in accordance with the newly amended clauses of the Pakistan Penal Code.
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