Law: Criminal Procedure Code (V of 1898)

Section: 403(2),403(4),439,561-A

Law: Pakistan Penal Code, 1860

Section: 4,5,307,377

(a) Criminal Procedure Code (V of 1898)------   ----S. 403(2)(4) -Offences under S. 307, P. P.-C. read with Ss. 4 & 5, Explosive Substances Act-(Attempt to cause murder by use of fire-arms and hand-grenades)-Allegations under Ss. 4 & 5, Explosive Substances Act, per se constitute distinctly different act amounting to an offence -. Accused tried for offence under S. 377, P. P. C. and acquitted-Second trial under Explosive Substances Act legal and competent-Penal Code (XLV of 1860), S.307-Explosive Sub stances Act, Ss. 4 & 5.   (b) Criminal Procedure Code (V of 1898)------   -----S. 439 read with S. 561-A-Offence allegedly committed 5 years back and accused acquitted 4 years back-Fresh trial not likely to end in conviction but resulting in unnecessary expense, waste of time and harassment to petitioner-Abuse of process of Court-Proceedings quashed.   Date of hearing : 2nd February 1966.    JUDGMENT   The three petitioners along with one Habib Ullah, allegedly raided the house of one Captain Allah Dad on the night between 18th and 19th July 1961, and used fire-arms and hand grenades, causing injuries to a lady and some animals. A case under section 307, P. P. C. was registered against the petitioners and Habib Ullah, who were tried by a Council-of-Elders, the Deputy Commissioner accepting the recommendation of the Jirga acquitted the three petitioners and convicted their co-accused Habib Ullah, who was sentenced to ten years' R. I. It would be useful to reproduce the following observation of the Deputy Commissioner, made in this regard:   "I have carefully considered the findings of the Council-of Elders and have also examined the circumstances leading to this murderous assault. I agree with the Council that the case against Ghulam Akbar, Ata Ullah and Muhammad Iqbal accused is not proved. Ghulam Akbar accused is a very old man and has no motive to participate in such a crime when his previous record is unblemished. Similarly Ata Ullah and Muhammad Iqbal accused cannot be connected with this offence as they could not be identified even by Captain Allah Dad, the complainant. He has implicated them, merely…