Law:

Section:

(i) Criminal Trial-- ----Remand of case--Held: In criminal cases particularly, the remand must be avoided and Supreme Court should itself settle the legal or factual controversy arising in between the trial and its conclusion. [P. 21] A (ii) Criminal Justice-- ----The cases must be decided on merits and merit means inter se merit, evidence of the parties and the standard of evidence produced by the parties. [P. 22] B (iii) Criminal Procedure Code, 1898 (V of 1898)-- ----S. 249-A--Supplementary challan would be taken up alongwith original challan--Determination of facts--Police declared the accused innocent while introducing a new set of accused persons--Dismissal of petition u/S. 249-A Cr.P.C.--Held: Record did not justify acceptance of the petition at that stage, however trial Court was directed to entertain and proceed with both the challans, previous as well as supplementary, side by side. Order Khawaja Shahad Ahmed, J.--The correctness and legality of the judgment of Shariat Court adjudicated on 30.05.2003 has been assailed through the instant appeal. 2. The brief facts of the case are that Javaid Iqbal and two others, appellants, filed an application under Section 249-A Cr.P.C. and prayed for acquittal in a murder case which was filed in the competent Court against them registered through F.I.R. dated 04.04.1992 by the Police Station Afzalpur under Sections 307/34, 458 A.P.C. and 15 I.P.L. The case was registered on the statement of one Mst. Nazeer Begum, complainant, who narrated that on 04.04.1992. at about 4:45 a.m., she got up from her bed and went out of the room for performing abolition. When she reached the courtyard she heard the sound of a gun fire. She immediately rushed to the room where her son Tauqeer Ahmed was sleeping. She saw Javaid Iqbal, accused appellant, coming out of the room with a .12 bore Gun. She wanted to get hold of the accused Javaid Iqbal and after getting himself free, he proclaimed that he has taken the revenge. Accused Rab Nawaz and Muhammad Afzal were also armed who left the courtyard alongwith the accused Javaid Iqbal from stairs leading to the roof of the house. One Arshad Ali also wanted to catch hold of the accused…

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