Facts leading to the filing of this revision are that by virtue of F.I.R. No,45 of 1987 got registered by Muhammad Rafiq Khan for offences under section 307/326/452/324/148/149, P.P.C. Cross-version of the respondents was also investigated and another challan under sections 324, 148 and 149, P.P.C. Against the petitioner side was also submitted. Challan against the petitioner side as well as respondents was submitted in Court. The trial Magistrate Section 30, Sialkot vide his judgment, dated 21-3-1993 found the respondents guilty and A convicted them. The cross-case also resulted in conviction and petitioner with four others was also sentenced and convicted. Separate appeals were filed which came up for hearing before Additional Sessions Judge, Sialkot who vide his judgment, dated 29-8-1993 disposed of both the appeals by a single judgment. In this revision petition petitioner takes exception to the impugned judgment on the ground that two separate appeals could not be disposed of by one judgment. Learned Assistant Advocate-General after going through the law concedes to the proposition that it was illegal on the part of the learned Appellate Court.
2. After hearing both the sides at length, I have noticed that the course adopted by the learned Appellate Court was not warranted in law. Separate judgment should have been written in each case and facts of the said case alone should have been considered in the appeal. Evidence of one case can neither be discussed nor considered in another case. The learned Appellate Court lost sight of thigh proposition of law.
3. While disposing of this revision it is pointed out that this Court took suo motu notice of the other appeal as well in which petitioner side was the accused. Learned counsel for the petitioner accepted notice and arguments in the said case were also heard.
4. For the reasons discussed above revision is accepted. Judgment of the learned Additional Sessions Judge in both the case dated 29-8-1993 is set aside. Case is remanded with the direction to write fresh judgment in accordance with law. Petition is disposed of. This also disposes of Criminal Revision No,41 of 1995 in which suo motu notice was taken.
Revision .