Law: Criminal Procedure Code (V of 1898)

Section: 439

Criminal Procedure Code (V of 1898)   S. 439-Revision (criminal)-State not opting to file appeal against order of respondent's acquittal-Revision petition filed by complainant in 1973 coming up for hearing in 1981 while respondents all along remaining under shadow of impending re-trial on double murder charge for about 9 years---Held, no justification to order re-trial at such belated stage.                                                                                                                                                     JUDGMENT Sultan Ali, Barkat Ali, Khushi Muhammad, Abdur Rehman and Niaz Ahmad residents of Chak No. 139 G. B., Tehsil Samundri were tried under sections 302/149/148, 323. P. P. C. by the learned Sessions Judge. Lyallpur (Faisalabad) and vide his judgment dated 4thAugust, 1973 acquitted all of them. 2. The complainant Abdul Ghafoor has assailed the order of their acquittal by means of this private revision petition under section 439, Cr. P. C. when State declined to file appeal against the acquittal of the respondents. 3. The prosecution version of the occurrence is that on the night between 20th and 21st April, 1972 at about 9-30 p. m. Abdul Ghafoor the complainant, his wife Mst. Hassan Bibi, his son-in-law Mehr Khan and a relation namely Abdullah and one Muhammad Iqbal Abdul Shakoor and Jaffar were sitting in the Haveli of the complainant. Mehr Khan, along with his brother Jaffar Khan went outside to have a round of wheat crop stacked in Killa No. 17 of Square No. 13 of the village. A short while thereafter Abdul Ghafoor and others sitting in the haveli heard a noise of Mehr Khan from the side of Killa No. 14 of Square No. 12 shouting that `cherry' crop was destroyed. On hearing alarm all of them rushed towards Killa No. 14 of Square No. 12 and…