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ATTA MUHAMMAD versus STATE


There is evidence in the Pakistan Penal Code Section 302 Criminal Procedure Code (V9 1898), Sections 353, 342 and 340 when the evidence of the prosecution was not taken in the presence of all the accused, after the trial of the accused in the absence of the accused. He said some of the prosecution's witnesses were recalled to the court and their cross-examination was allowed by their lawyer while the prosecution witnesses, including eyewitnesses, medical officers and investigating officers. Was also not withdrawn, apart from the statements made by the accused under 34 342 CR PC. ; Before the arrest of the fugitive suspects, their statements were re-recorded and their statements were considered for the purpose of prosecution, then closed their case and the fugitive accused's statement 34 342, CR. Filed under the PC and examined one-on-one witness. All this was done on the same day, the trial court expressly violated the essential provisions of section 353, the purpose of the CCPC and the intent to record the evidence of all the witnesses of the said prosecution and Sections 342 and 340, Cr. Make statements under PC and defense witnesses. If any, should the accused know what the evidence is against him and how he will have to respond and prepare his defense, such procedure was not adopted, providing justice in criminal cases. Had the sole motive of being sentenced and failed to be sentenced, therefore, his case was set aside and the case was remanded to the trial court for fresh judgment in accordance with law.

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