Law: Criminal Procedure Code (V of 1898)

Section: 423, 435, 439

Law: Penal Code (XLV of 1860)

Section: 302, 34

(a) Criminal trial Witness -Evidence otherwise sufficient-Mere relationship no ground for outright rejection specialty in murder case. (b) Criminal Procedure Code (V of 1898) S. 423---Remand, purpose of. The purpose of remanding a case to trial Court as provided by law, is to rectify the errors such as non-appreciation of evidence, to avoid miscarriage or failure of justice and to give further chance to the parties to present their side of the case. It is entirely left to the trial Court after retrial to re-appraise the evidence and thereafter give a finding on merits without being influenced either by previous evidence or observations with regard to the evidence by the Court in its remand order. (c) Criminal Procedure Code (V of 1898)  S. 435/439--Revision-Trial Court not appreciating evidence according to law and rejecting eye-witnesses account and corro borative evidence not on good grounds-Deceased receiving 11/12?. hatchet injuries in broad-day-light-Case, held, required more detailed and full discussion of evidence--- Acquittal of accused set aside and retrial ordered in circumstances of cat::---renal Code (XLV of. 1860), S. 302/34. Nazir Hussain v. Muhammad Shafi P L D 1965 S C 188; Asadullah v. Muhammad Ali and 5 others P. L D 1971 S C 541; Muhammad Shafi and others v. The State P L D 1967 S C 167 and Ghulam Rasool v. The State 1968 P Cr. L J 553 ref. Dates of hearing : 13th and 14th November 1974.                                                                                                                                  JUDGMENT This criminal revision application under sections 435 and 439 Cr. P. C. is directed against the judgment dated 23-1-1973 passed by the learned Additional Sessions Judge, Sukkur, whereby he acquitted respondents Ahmad and Nindo in a murder case. 2. Briefly the facts are that on 30-6-71 complainant…