DIVISION BENCH
Bt ore Muhammad Munir, C. J. and Soofi, J.
BASH I R-Appellant
versus
CROWN-Respondent
Criminal Appeal No. 52 of 1950, decided on 19th April 1950, from the order of Additional Sessions Judge, Gujranwala, dated 12th January 195`0.
(a) Criminal Procedure Code (V of 1898), S. 350-Applies only to proceedings before Magistrates–Conviction by Sessions Judge on evidence partly recorded by him and partly by his predecessor in office-Trial illegal.
Where the Sessions Judge had convicted the accused on evidence partly recorded by himself and partly by his predecessor in office.
Held that the trial was prima facie illegal.
The judge who convicts, must do: so on the evidence heard by him and an exception from this rule is justified only when a particular case comes within an exception recognized by statute. No such exception is applicable to the present case, because section 350 of the Code of Criminal Procedure applies only to proceedings before Magistrates and a trial before a Court of Session is certainly not a proceeding before a Magistrate. [p. 246].
1 P. R. 1890 (Criminal) relied on, I. L. R. 26 Bom. 50 and 1. L. R. 35 All. 63 referred to.
(b) Punjab Public Safety Act (II of 1947), S. 37-Does not affect general principles of section 350 of Criminal Procedure Code (V of 1898).
Section 350 of the Code being only applicable to proceedings before Magistrates, its omission from the Code by section 37 of the Punjab Public Safety Act, 1947, in no way affected the general principle that a judge has no power to act upon depositions not heard and recorded by himself, unless those depositions are tendered before him as a relevant fact under the authority of some section of the-Evidence Act, the Criminal Procedure Code or some other Act. [p. 246].
M. Saleem, for Appellant.
M. H. Munir, for Advocate-General for Crown.