Law:

Section:

(a) Criminal trial----Evidence-Credibility of witnesses-Acquittal of some accused by lower Court not proceeding on basis of prosecution witnesses being unreliable-Acquittal cannot in circumstances affect credibility of such witnesses as against other accused. In re : Sh. Abdul Karim, Advocate P L D 1950 Lah. 439 and Khairdi Khan v. Crown P L D 1953 F C 223 ref. (b) Criminal Procedure Code (V of 1898)­ --- S. 423 -Retrial-Trial Judge failing to consider effect of recovery of fire arm empties from spot notwithstanding prosecution allegation attributing pistol or revolver only to accused-Injuries sustained by deceased also not examined so as to deter­ mine whether they could be caused by a bullet fired from pistol or involver-High Court directing retrial of accused in circumstances held to be proper-Retrial 'may be ordered if acquittal proceeds on a view of evidence which no reasonable judicial" officer anxious to justice could possibly take-Penal Code (XLV of 1860), S. 302/301/436/148. ORDER ANWARUL HAQ, J.-The five petitioners were tried, along with five others, by the learned Sessions Judge at Sialkot on charges falling under sections 148, 301, 307, 342, 436 and 440, P. P. C. read with section 149 thereof. Petitioners Nos. 1 to 4 and a co-accused by the name of Bashir were convicted, while petitioner No. 5, viz., Ghulam Haider and four others were acquitted. Petitioners Nos. 1 and 4 as well as Bashir were sentenced to death, whereas petitioners Nos. 2 and 3 were sentenced to transportation for life for the offence of murder. The convicted persons were also awarded varying sentences of imprisonment on the other counts. The State did not appeal against the acquittal of five of the accused, but the private complainant filed a revision petition in the High Court for setting aside the acquittal, and also for the enhancement of the sentence of transportation for life imposed on petitioners Nos. 2 and 3. The convicted persons appealed against their convictions and sentences, and the case also came up before the High Court for confirmation of the death sentences imposed upon petitioners Nos. 1 and 4 and their co-accused Bashir. All these matters have been disposed of…

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