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KHUSHI MUHAMMAD versus THE STATE


Calling cushion of Section 1111 & 7 Pro7 Criminal Code (v. 1898), Sections 439A and 561A, the Sessions Court exercised its amended jurisdiction under Section 439A, through a trial magistrate. The accused did not agree on any increase in the punishment. Under Section 1111, PPC, but he was convicted under Section 7457, PPC and sentenced to two years' RI under which he convicted the accused under Section 7457, PPC. While stating that the offense under section 7457, PPC, was mentioned, it may be presumed that he was acquitted of the offense under section 5457, the PPC sessions court found that under section 439A, In the jurisdiction of the amendment, the CCP was not eligible to convert the finding of acquittal into punishment, the latter decision was ambiguous as it did not even disclose the case on which the accused were. Convicted under Section 7 under, the PPC verdict was set aside and the case was remanded to the Sessions Court in light of the above-mentioned observations in harmony with the law.

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