Law: Criminal Procedure Code (V of 1898)

Section: 439

Law: Constitution of Pakistan, 1962

Section: 63

 (a) Criminal Procedure Code (V of 1898),   -S. 439-Revision against acquittal-High Court has powers to reverse finding and order retrial if conclusions arrived at by trial Court are not justifiable and result in miscarriage of justice-Trial Court ignoring direct ocular evidence; failing to give due weight to requirements of S. 105, Evidence Act, 1872;- and basing conclusions on mere surmises and conjectures-Retrial ordered.   Anwar and another v. The Crown P L D 1955 F C 185 and Abdur Rashid and others v. The State and others P L D 1962 S C 249 fol.   Muzaffar and another v. The State P L D 1961 Lah. 561; Sher Muhammad v. Muhammad Hussain and others P L D 1963 Lah. 514 and Mrs. Ann Coleman v. Arif A. Lukmani and the State P L -D 1964 Kar. 81 not fol.   Stephens v. Noisbolla A I R 1951 S C 196; Logendranath Jha v. Polai Lal A I R 1951 S C 316; Nalinikanta Ghosh v. Aft?uddin and others P L D 1958 Dacca 32; Satish Chandra Das v. Chintaharan Saha and another 43 C W N 25; Khairdi Khan's case P L D 1953 F C 223; Abdur Rashid Khondkar v. Chandu Matbar and others P L D 1964 S C 795 and Abdul Majid v. Superintendent and Remembrancer of Legal Affairs, Government of East Pakistan P L D 1964 S C 422 ref.   (b) Constitution of Pakistan (1962),   Art. 63=Conflict between decisions of Single Bench or Division Bench of High Court on one hand and that of Supreme Court on the other=Decision of Supreme Court to prevail-No necessity of constituting larger Bench of High Court to resolve conflict.   Dates of hearing: 2nd, 6th and 9th March 1964.   JUDGMENT   ANWARUL HAQ, J.-This revision petition against an order of acquittal passed by Mr. K. M. A. Samdani, Additional Sessions Judge, Peshawar, in a case under sections 302 and 307, P. P. C. and section 19 of the Arms Act raises an important question of law, namely, what are the correct principles which should be followed by the High Court in the exercise of its revisional powers under section 439, Criminal Procedure Code, in the matter of setting aside an order of acquittal and a retrial. The question has arisen in the following circumstances.   On the 3rd of October 1962,…