Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 324 & 337-D---Constitution of Pakistan, Art.13---Criminal Procedure Code (V of 1898), S.403---Attempt to commit qatl-i-amd, Jaifah---Double jeopardy, doctrine of---Scope---Trial Court, acquitted accused---High Court maintained acquittal of the accused and remanded the cases of other accused persons to trial court---Trial Court, on remand of the other accused persons, again tried the acquitted accused and convicted him for the same offence, which was "double jeopardy" as contemplated under S.403, Cr.P.C.---Conviction and sentence awarded to accused was also contrary to Art.13 of the Constitution---Under the doctrine of double jeopardy and principle of 'autrefois acquit and autrefois convict', conviction and sentence of accused could not be sustained which were set aside---Accused being on bail, his bail bond stood discharged, in circumstances. Syed Alamdar Hussain Shah v. Abdul Baseer Qureshi PLD 1978 SC 121 ref. JUDGMENT MUHAMMAD EJAZ SWATI, J.---The appellant Zia-ur-Rehman son of Fazal Muhammad was tried by the Court of Special Judge Anti-Terrorism Court, Khuzdar (hereinafter the "trial Court") in respect of FIR No. 21 of 2002 registered with Police Station, Kharan under sections 302, 324, 147, 148, 149, 109/34, P.P.C. and was convicted and sentenced vide judgment dated 26th May 2009 (hereinafter the "impugned judgment") as under: "Under section 324, P.P.C. for seven (7) years R. I and fine of Rs.5,000 in default he is to suffer six (6) months S.I more. Under section 337(D) Q & D Ordinance for five (5) years R.I and imposed fine of Rs.50,000 as "Daman" to be paid to the victim namely Amir Bakhsh with benefit of section 382-B, Cr.P.C." 2. Facts of the prosecution case arising out of the above appeal are that on the written report Exh.P/9-A of complainant Shaikh Ahmed, FIR No.21 of 2002 dated 8th August, 2002 was registered with the Police Station, Kharan under sections 302, 324, 147, 148, 149, 109/34, P.P.C. The complainant alleged that on the fateful day, a case State v. Muhammad Aqil and others was fixed in the Court of Sessions Judge, Kharan, he along with Muhammad Aqil went to the Court room. After pronouncement…

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