Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Criminal Procedure Code (V of 1898)

Section: 417

Constitution of Pakistan (1973) Art. 185(3) read with Criminal Procedure Code (V of 1898), S. 417 Appeal against acquittal-Delay-Acquittal once recorded by a compe tent Court-Final in most jurisdictions and not liable to be reopened at instance of any party including State-Acquittal however open to challenge in certain circumstances under law but if not challenged within period allowed by law same becomes final-Held : Just and proper in circumstances not to entertain petition against acquittal if filed beyond time unless petitioner shown to have been prevented from making same by an act of acquitted accused or by some circumstance of a compelling nature beyond control of petitioner. Nazar v. The State 1968 S C M R 715; Jalal Khan v. Lakhmir 1968 S C M R 1345; Muhammad Khan v. Sultan 1969 S C M R 82; Piran Ditta v. The State 1970 S C M R 282 and Nur Muhammad v. The State 1971 SCMR331 ref. ' Date of hearing : 5th November, 1980.                                                                                                                                                ORDER         ANWARUL HAQ, C. J.-This petition seeks leave to appeal against the judgment of a learned Judge of the Lahore High Court dated the 23rd of April, 1980, whereby convictions recorded against the six respondents by the Sessions Judge, Dera Ghazi Khan, for the murder of one Hussain, were set aside. Respondents Allu, Musa and Rahim were acquitted altogether; whereas respondents Pira, Bakhsh and Karam were instead convicted under section 304-I of the Pakistan Penal Code, and each of them was sentenced to undergo rigorous imprisonment for five years, and also to pay a fire in the sum of Rs. 3,000, out of which compensation was to be paid to the heirs of the deceased. The learned Judge held that…