Law:

Section:

(a) Constitution of Pakistan (1962), Art. 58(3)-Leave to appeal to Supreme Court-(Criminal case-Appeal against acquittal)-Leave granted on State's petition, time-barred by 76 days-Respondent, not heard at time of granting leave, was entitled to raise objection at hearing of appeal-State's petition, held, liable to be rejected-[Persons acquitted by High Court not to be put "in jeopardy of their lives by petition for leave filed out of time"] (b) Constitution of Pakistan (1962), Art. 61-Supreme Court's power to do "complete justice"-Acquittal secured from High Court by some of the accused as result of an error-Supreme Court has power suo motu to issue notices and consider cases of such acquitted accused along with the appeal of accused convicted. JUDGMENT S. A. RAHMAN, J.-Twenty-eight persons were tried fur offences falling within sections 148, 323, 307 and 302, P. P. C., read with section 149, P. P. C., by the learned Sessions Judge, Jhelum. He acquitted ten persons and convicted eighteen of the accused. Muhammad Nawaz and Fazal Ilahi, son of Karam Khan, were sentenced to death on the murder charge while the rest were awarded sentences of transportation for life each on that charge. Sentences of imprisonment were also imposed on all the convicts in respect of the remaining offences. On appeal, the High Court of West Pakistan upheld the convictions and sentences of seven of the convicts and acquitted the rest. The two men who had received death - sentences from the trial Judge were also among those acquitted. The seven persons, whose appeal was dismissed by the High Court, were granted special leave to appeal and by the same order, leave was also granted to the State, to appeal against the acquittal of the remaining eleven persons by the High Court. Objection has been taken to the competency of the appeal by the State on the ground that the petition for special leave, when presented, was barred by 76 days. As the respondents to the State petition were not heard at the time that leave was granted by this Court, it was open to them to raise this objection at this stage. There is a good deal of force in the contention that the persons who had secured acquittal from…

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