Law:

Section:

Kalat Criminal Procedure Code-----   ----Ss. 93 & 9-Nazim-ul- Hakumat (President of Jirga) competent to give final decision only in cases where Jirga had expressed opinion that accused was guilty of offence charged-Jirga finding accused not guilty-Award cannot be interfered with.     JUDGMENT   This is an appeal against the order dated the 12th of October 1962, of Sessions Judge, Kalat who upheld the order dated the 28th March 1962, of Ch. Khalil-ur-Rehman, Nazim, Mastung, with special powers under section 9 of the Kalat Criminal Procedure Code, whereby, differing with the opinion of the Provincial Jirga that the appellant was not guilty, the Nazim had convicted the appellant under section 85 of the Kalat Penal Code and sentenced him to seven years' rigorous imprisonment and a fine of Rs. 1,000 or one and a half years' rigorous imprisonment 'in default of payment of fine in addition to ordering the appellant to pay Rs. 2,720 by way of compensation in three half yearly instalments to the heirs of the deceased, with the further direction that the parties were to be bound over in the sum of Rs. 5,000 each for keeping the peace for three years.   The prosecution case is that Karim Bakhsh deceased had illicit intimacy with oneMst. Azmat Khatoon, a relation of Shah Bakhsh appellant. Mst. Azmat Khatoon was murdered and, besides Karim Bakhsh, deceased, Ali Murad, Malook, Rasoola, Ayub and Dur Muhammad the relation of Shah Bakhsh, appellant, were tried for her murder. The Nazim of Bgha acquitted Karim Bakhsh deceased, but convicted Ali Murad, Malook, Rasoola, Ayub and lour Muhammad and sentenced them to different terms of imprisonment, fine and payment of com pensation. The convicted accused in that case preferred an appeal in the Court of Sessions Judge which was to be heard at Mastung, but since the counsel for the accused-appellants in that case was unable to appear on the date appointed, the hearing of the appeal was adjourned to some other day. It would seen that Karim Bakhsh deceased and his brother Muhammad Bakhsh (P. W. 6), had also gone to Mastung for watching the hearing of the appeal. Muhammad Bakhsh remained in…