(1) Th e Com missioners may pass upon an y Powers of person convic ted by them anv sentence author ised by C o m ra is - law for the pun ishment of the offence of which such s ,o n e r t ' person is con vic ted.
(2) I f any tria l under H i, Act it is found th at the accused person has com mitted any offence whether such offence is or is not an offence specified in the Fir st Schedu le, the Commiss ioners may cot v ict such parson of such offence and pass any sentence authorised by la w for the punishm- nt thereof .
4-'J The prov isions of the Cod e, so far only as Ap plicat ion they are not incons iste nt wi th tlie provsions of, or the o{ Code specia l procedure prescr ibed by or under, this Act r j Crimin al shal l app ly to the proceedings of Commissioners Proceedings0 appointed under this Act , and such Com mission er of Commisshal l have all the powers . conferred by the C ode on a wooers.
Co ur t of Sessions exercisin g org inal juri sdic tion .
1 Substitute*! by the ' . O. I “ 3J for ‘ 'Local Government” .
>- 9 Assam Criminal Law Amendment Act [Assam Act , Prcedure for trial of coccaccusad who surren ders or Is arretted af ter com mcnccm ent o f tria l or con clusion of pt c v i o u t dia l.
8. No twith sta nding an yt hi ng co nta ine d in this Act or in any othe r Act — (1 ) (a ) if after the comm enc cm nt of a tria l by Comm ission ers tin de r thi s Act an y pers on surrenders or is arr es ted who, in the opi nion of the [app ro pr ia te Go ver n m en t] * mig ht, if he ha d sur ren de red or bt en -rrcsted before the co mm encem ent of th : t.i al , hav e bee n tri ed jo int ly with th e person- under tria l the [a pp ro pr ia te G ov rr rm n t] * ma y dire ct th at he sha ll b e p li rc d on his tria l jo int ly wi th such «, th .- r nn sn ns nt the said tr ia l:
Provide d th at the na me of such perso n was inclu ded with the names of th e person s un de r trial in the o rder un de r sub -sec tion (1 ) of section 3 direct ing the ir tri al o r in the rep ort under claus e (a ) of sub-secti on (1 ) of sectio n 173 of t he Code;
(6 ) when any pet son in respec t of who m a direct ion has been ma de un de r sub-cl ause (a ) is produce d before the Commissi oners , any evide nce alread y rec ord ed in the tri al may be admi tte d as eviden ce ag ain st him or in his favour ;
(2 ) in a tria l by Commissi oners un de r this Ac t o l any pers on who has su rre nd ere d or been arr est ed afte r the conc lusio n o f a previ ous tria l un der ibis Ac t at wh ich , in the opin ion of the Commissi oners , he migh , if he had sur ren der ed or been arre s ted before the com me nce me nt of such previ ous tri al, hav e bee n tried jo in tly with the person s then tried an y evidence rec oid ed in such previous tr ia l may be admi tte d as evide nce aga inst him or in his fa vo ur :
Provided th at the na me of such person was inclu ded with the names of th e perso ns previo usly trie d jn the ord er un de r sub sectio n (1 ) of section 3 di recti ng their tria l or in the rep or t un de r clau se (a ) of sub-sect ion (I ) of sectio n 173 of the Code.
•Sub stitu ted by the A O. 1937 for "Local Government” .
I K t OF 19 34 ] Assam Crim ina l Law A mendment A ct (3 ) whe re an y evid ence reco rded in th e ab sence of the accused pers on is ad m itt ed un de r sub-c lausc (b ), of clause (1 ) or clause (2 ) the Comm issioners ma y on the ir own mot ion recall any witness who has given such evid ence in orde r th at he ma y be fu rth er exa mined or crossexa mined an d shal l, at t he ins tance of the accused person or his pleade r, rec all any suc h witness for such purp ose, unless, in the opi nio n of the Comm issioners, for reasons to be reco rded in writin g, it is no t necessary in the i nte res t of jus tic e th at the witness shou ld be recalle d.
79 (4 ) Th e provisi ons o f th is secti on shall ap ply — (i ) to the tri al of persons who sur ren der ed or wer e arrested before the da te of the com me nce me nt of this Act, in respec t o f any offence for which they have not a t such da te been plac ed on tria l, as well as to the trial of person s who surrend'-r o r are arrested aft er th at date;
I (if ) to the ad miss ion of an y evidence r ecorde d, wh eth er such evid enc e was rec ord ed be fore or a fte r the said dat e i n a tri al under this Act.