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ABRAIZ BABU versus STATE


Section 540 Contempt Code (XLV of 1860), Sections 302, 34, 109 and 114 of the Pakistan Arms Ordinance (XX of 1965), Section 13 Qatl e amd, joint intention, advertisement, unlicensed weapons to solicit or examine witnesses The defendant recorded the evidence of 21 witnesses through the prosecution in 22 of the 22 witnesses present and only the evidence of the Investigation Officer was yet to be recorded. Applied under the CRPC, through which he wanted to obtain the recorded evidence of seven more people. After more than 20 months, who were present at the scene of the incident, the petition moved under section 4040, CRPC, without any justified prosecution under the trial. ????? Section 404040, CRPC, never considered the witnesses listed as important witnesses in the petition, nor did they witness the witnesses present to the police during the investigation, or the court to record their evidence. His attitude also appeared to be a witness when he offered his testimony, because of his prolonged silence, the complainant remained silent for more than 20 months after the trial began. And such delays cannot be ignored in the circumstances. The trial court, in its original context, failed to appreciate Section 4040, the CRPC, and allowed to examine seven additional witnesses, separating the inappropriate order. Was done, under the circumstances

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