PART D RULES OF PROCEDURE IN CASES UNDER SECTION 374 OF THE CODE OF CRIMINAL PROCEDURE.
1. The rules of procedure to be followed by Sessions Judges in the submission of proceedings to the High Court under section 374 of the Code of Criminal Procedure are contained in Chapter 24-B, High Court Rules and Orders, Volume III.
2. On receipt of the proceedings the Deputy Registrar shall take immediate steps to have the record printed under the rules next following.
3. The printed record in Murder Reference cases shall consist of the following documents:-
(1) Opening sheet of Sessions record.
(1-A) Forwarding letter from the Sessions Judge along with explanation, if any, for cause of delay.**
(2) Notes and orders of the Sessions Judge.
(3) Charge sheet.
(4) First Information Report in Urdu only.
(5) Report of Chemical Examiner and Serologist, if any.
(6) Statements under sections 342 and 364, Criminal Procedure Code.
(7) *** [Omitted]
(8) Record of evidence in Court of Sessions with any further examination under section 364, Criminal Procedure Code, and altered charge, if any.
(9) Material documentary evidence, if any.
(10) Recovery memos in Urdu only.
(11) Record of opinion of Assessors.
(12) Judgment of Sessions Judge.
(13) Petition of appeal.
4. Twenty copies of the Sessions record shall be printed at Government expense with the least possible delay, if there is only one accused, but in case the number of the accused exceeds one, an extra copy shall be printed for each additional accused.
5. In a case where the Sessions Judge certifies that the accused person cannot afford to engage counsel for his defence in the High Court, the Deputy Registrar shall take steps to have counsel engaged for his defence at Government expense.
6. The hearing of the Murder Reference, in view of confirmation or otherwise of the sentence of death passed by the Sessions Judge under section 374 of the Code of Criminal
Procedure, shall take place as a rule within about six weeks after the date of despatch of the copy of the Sessions Judge’s judgment to the convict.
7. Immediately on the sentence of death being confirmed or not confirmed, as the case may be, by the High Court, the Deputy Registrar shall inform the Superintendent of the jail in which the prisoner is confined of the decision and direct him to communicate the same to the prisoner forthwith. The Deputy Registrar shall at the same time inform the Sessions Judge concerned and return the record to him for taking steps under section 381 of the Criminal Procedure Code. Copies of the High Court judgment shall be sent to that officer later, and as promptly as possible.
8. The record of every case as prepared for the use of the High Court in which the sentence of death has been confirmed by the High Court, together with a copy of the High Court judgment and translations of Police Zimnis, shall, as soon as orders have been passed confirming the death sentence, be forwarded to the Provincial Government.
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