| Citation(s) |
|---|
| 1966 SLG 102 1966 SLD 102 1966 PLD 708 |
Supreme Court of Pakistan
Criminal Appeals Nos. 8 and 9 of 1965, decision dated: 12th November 1965.
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Ijaz Hussain Batalvi, Advocate Supreme Court, instructed by Ziaudin Ahmad Qureshi, Attorney for Appellant. S. Nasir-ud-Din, Advocate General West Pakistan (lftikharul Haq Khan, Advocate Supreme Court with him), instructed by Ijaz Ali, Attorney No. 1. Na
Criminal Appeals Nos. 8 and 9 of 1965, decision dated: 12th November 1965.
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Ijaz Hussain Batalvi, Advocate Supreme Court, instructed by Ziaudin Ahmad Qureshi, Attorney for Appellant. S. Nasir-ud-Din, Advocate General West Pakistan (lftikharul Haq Khan, Advocate Supreme Court with him), instructed by Ijaz Ali, Attorney No. 1. Na
Criminal Appeal No. 8 of 1965 NUR -ELAHI
VS
(1) THE STATE (2) ZAFARUL HAQ (3) NAWAZ-ULHAQ AND Criminal Appeal No. 9 of 1965 NUR ELAHI vs (1) Ch. IKRAM-ULHAQ (2) THE STATE Nos, 2 and 3, Criminal Appeal No. 9 of 1965
Law:
Section:
(a) Constitution of Pakistan (1962), Art. 58(3)-Leave to appeal to Supreme Court-Granted to consider question whether "special procedure" laid down by High Court for trials of two cases relating to same murder instituted respectively by police and a private complainant, against two quite separate sets of accused, had the "sanction of law". (b) Criminal Procedure Code (V of 1898), Ss. 233 & 239 read with S.43, Evidence Act (I of 1872)--Criminal trial-Separate trials on private complaint and police challan relating to same murder-Procedure recommending examination of common witnesses only once and their statements read out as evidence in other case not supportable-[Ali and others v. The Crown P L D 1954 Lah. 183 Noor Ahmad v. The State and Rahim Bakhsh v. The State P L D 1964 S C 120 and Ali Muhammad v. Amir Ali and others Criminal Miscellaneous No. 998 of 1945 ref.]. (c) Criminal Procedure Code (V of 1898), S. 498-BailAccused in murder case admitted to bail by High Court on medical grounds-Separate trials for murder involving two different versions sponsored by private complaint and police challan-One version "entirely' favourable to accused-Supreme Court declined to interfere. (d) Criminal Procedure Code (V of 1898), Ss. 233 & 239 read with Ss. 208, 213, 270, 286 & 540-A-(Separate or joint trial)(Murder case)-(Commitment proceedings)-Two versions of case, with two totally different sets of accused, put forward by complainant in private complaint and by State in police challan-Committing Magistrate making two orders of commitment-Procedure to be adopted by Sessions Judge at trial-By majority: per S. A. Rahman, J., Cornelius, C. J., Fazle-Akbar and Hamoodur Rahman, JJ., agreeing: Complaint case to be taken up first and prosecution witnesses listed in police challan to be also examined, "as Court witnesses" under S. 540-A-Police challan to be taken up only if complaint case results in acquittal and in case of conviction, police case to be withdrawn by Public Prosecutor under S. 494, Criminal Procedure Code (V of 1898)-Per Kaikaus, J., contra: Difficulties to be encountered in adopting procedure recommended in majority -Procedure does not solve…
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