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HABIB-UL-WAHAB-UL-KHAIRI, ADVOCATE versus PROF. DR. SAAD RANA


The accused were summoned by the trial court under Sections 319, 302 and 300 of the Criminal Procedure Code (V9 1898), Articles 238 (2) and 439, under section 319, PPC, instead of 302; Only the first part had changed. Failure to consider the next section on the statute and knowledge of the definition of murder in 5 i 300, PPC, the sessions court should keep the knowledge in keeping with the facts on record as well as the facts. And then it was approved. The order to summon the accused under section 2302 or 319 319 319, below was considered by the PPC court with the intention of intentionally intending to kill the accused by acting only illegally, considering the case. After making the order of the accused was neither legal nor appropriate under Section 302, PPC, to be tried for trial and upon proper examination of the evidence, he was charged with minor or minor offense, The court may sentence them under the sentence provided under Section 238 (2), CRPC. , But if they were asked for a lesser offense, then they could not be convicted by the trial court for a higher offense, therefore, the nature of the crime should be carefully considered when seeking an accused for trial. Was. , 319, the PPC was put aside and the case was referred to the trial court for passing a new order in the light of the praise of Qatal Ahmed, section 00at, PPC and record. The basic evidence brought on was dealt with accordingly.

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