The petitioners were accused in a case registered against them under section 307/324/325/148/149, P.P.C. At Police Station Ganda Singhwala vide F.I.R. No.90, dated 3-8-1984.
Learned trial Magistrate Kasur vide his judgment, dated 12-3-1988 held that no offence was committed by the petitioners/accused inasmuch as they did not exceed in the exercise of their right of self-defence and in consequence they were acquitted by him. A revision petition was filed by the complainant which was heard by the learned Additional Sessions Judge, Kasur, who vide his judgment dated 6-5-1991 remanded it to the learned trial Magistrate for its decision afresh in accordance with law.
2. The principal contention raised and argued by the learned counsel for the petitioners is that the judgment of the learned revisional Court is not warranted in law inasmuch as no reasons were given by it as required by section 367, Cr.P.C. Despite service, no one appears on behalf of respondent No.1/complainant to contest these proceedings. However, learned Assistant Advocate- General agrees with the learned counsel for the petitioners to say that the impugned judgment was not warranted by the law on the subject. The agreement between the learned counsel for the petitioners and the learned Law Officer is that it was the duty of the learned Additional Sessions Judge to have written the judgment keeping in view the mandatory provisions of section 367, Cr.P.C This section provides that learned. Court should have given decision on such points, which were involved in the case. Admittedly no such A determination was made by the learned Additional Sessions Judge in this case. This being so the impugned judgment is hereby quashed being without lawful authority. It consequence the revision petition shall be deemed to be pending decision before learned Additional Sessions Judge. Needless to observe that the parties shall be entitled to argue all the points of facts and law before the learned Additional Sessions Judge. With this observation, this petition is disposed of.
N.H.Q./M-462/L