Law:

Section:

Kalat Criminal Procedure Code, S. 128-Any person, aggrieved by order of District Magistrate, entitled to file appeal.   Kalat Criminal Procedure Code, S. 128-Appeal against acquittal-Not barred.   Kalat Penal Code, Ss. 83/85 and Kalat Criminal Pro cedure Code, S. 128Offence triable by District Magistrate only Order of conviction or acquittal passed by him upon award by Jirga-Appealable to Sessions Judge.   Umed Ali and others v. The State (Criminal Appeal No. 2 of 1961 held not decisive. JUDGMENT   On an appeal against an order of acquittal passed by the District Magistrate, the learned Sessions Judge convicted the appellant under sections 83/85 K. P. Code and sentenced him to seven years rigorous imprisonment and a fine of Rs. 500. In default of the payment of fine to a further imprisonment of one and three-quarters of a year. The appellant was further ordered to pay the minimum of the diyat of Rs. 2,720 to the legal heirs (except the husband) of the deceased Mst. Jannat Khatoon. This is an appeal against the order of the learned Sessions Judge, Kalat Division.   2. Briefly, the facts are that the Tahsildar Mastung upon receiving information on the 27th of February 1960, of the appellant having killed his wife started investigation on the 28th of February 1960. He recorded the evidence of several witnesses in the case. The appellant was also examined. The Naib Tehsildar submitted the case to the Tehsildar on the 12th of March 1960, who passed it on to the Nazim on the 19th of March 1960. The Nazim framed the charge against the appellant under section 83 K. P. Code. In his statement before the Nazim, the appellant admitted on the 31st of March 1960 that he had murdered Mst. Jannat Khatoon. He also admitted the correctness of a similar statement having been made by him to the Naib-Tehsildar. The Nazim after recording the evidence in the case framed the issues and submitted the case to the District Magistrate, Kalat, for obtaining the Jirga award and passing final orders. The learned District Magistrate took up the case and on the 20th of April 1960 ordered the summoning of the witnesses of the prosecution. The statements of the witnesses…