| Citation(s) |
|---|
| 2016 SLG 2498 2016 SLD 2498 2016 PCRLJ 1902 |
Sindh High Court, Hyderabad Bench
Criminal Acquittal Appeal No.S-113 of 2013, decision dated: 14-03-2016, hearing DATE : 14-03-2016.
KHADIM HUSSAIN M. SHAIKH, JUSTICE
Shaukat Ali Pathan for Appellant. Shaikh Nabi Bux Azad for
Respondents Nos.1, 4, 5 and 6. Bhagwan Das Bheel for
Respondents Nos.2 and 3. Shahid Ahmed Shaikh, Assistant Prosecutor General, Sindh for the State.
Criminal Acquittal Appeal No.S-113 of 2013, decision dated: 14-03-2016, hearing DATE : 14-03-2016.
KHADIM HUSSAIN M. SHAIKH, JUSTICE
Shaukat Ali Pathan for Appellant. Shaikh Nabi Bux Azad for
Respondents Nos.1, 4, 5 and 6. Bhagwan Das Bheel for
Respondents Nos.2 and 3. Shahid Ahmed Shaikh, Assistant Prosecutor General, Sindh for the State.
YAQOOB JOYO.
VS
KIRAR AND 5 others.
Law:
Section:
Penal Code (XLV of 1860)---.--- ---.---Ss. 382, 457, 147, 148, 149, 337(F(i) & 504---.---Criminal Procedure Code (V of 1898), S. 417(2-A)---.---Theft after preparation made for causing death, hurt, lurking house-trespass or house-breaking by night, rioting, common object, causing damiyah, intentional insult with intent to provoke breach of the peace---.---Appeal against acquittal---.---Limitation---.---Appeal against acquittal, which was to be filed within thirty days of impugned order of acquittal, was time barred by 12 days---.---Appellant, had not filed any application for condoning said delay and in appeal, appellant did not offer any explanation for such a delay in filing the appeal---.---Appeal against acquitted being time barred, was dismissed, in circumstances. Abdul Ghaffar v. Muhammad Asif 2011 PCr.LJ 441 and Noor Hussain v. Muhammad Salim 1985 SCMR 893 ref. THIS JUDGMENT DELIVERED BY: KHADIM HUSSAIN M. SHAIKH, JUSTICE:---.------ This criminal acquittal appeal is directed against the judgment dated 26.10.2013, passed by the learned Civil Judge and Judicial Magistrate, Nangarparkar, whereby the learned Judicial Magistrate has acquitted the respondents Nos.1 to 6; namely, Kirar, Amin, Yousuf, Fateh Ali, Ghafoor and Mehboob under section 245(i), Cr.P.C, extending them benefit of doubt, in Criminal Case No.49/2013, re: State v. Kirar and others, culminated from FIR No.63/2013 for offence under sections 382, 457, 147, 148, 149, 337-F(i), 504, P.P.C. of Police Station Nangarparkar, lodged by the appellant Yaqoob Joyo. 2. Briefly, the facts of the case are that on 30.08.2013, complainant Yaqoob Joyo lodged his FIR at Police Station Nangarparkar, alleging therein: that he has matrimonial dispute with Kando alias Karim Dad. On 07.08.2013, complainant along with his family members was available in his home, when at about 10.00 p.m. accused Kando alias Karimdad, Kirar, Amin, Yousuf, Fateh Ali, Ghafoor all resident of Village Jado Joyo and Mehboob resident of village Gaucher armed with hatchets and lathis intruded into the complainant's house and after abusing, accused Kando alias Karimdad and Kirar started causing kicks and fists blows to the complainant and…
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