Law:

Section:

Keywords: Order, Offences, Procedure, Competent Jurisdiction, Retrial, Notices, Evidence, Disposed Of, Guilty, Conviction, Trial Court, Imprisonment, Prosecution, High Court, Objections, Set Aside, Jurisdiction Result: Order accordingly JUDGMENT For the reasons stated in my order dated g-7-1965 Abdul Wahid and Kadirbux have been served with notices and they are represented by Mr, Azizullah Shaikh, Advocate. His view is that this Court has powers under section 423; Cr. P. C. to reverse the finding and order for retrial by a Court of competent jurisdiction and subordinate to this appellate Court. Four appellants Muhammad Ali and others were found guilty of various offences and-sentenced to different terms of imprisonment. Two legal objections raised on their behalf were that trial Court had disposed of the 2 cases which were tried separately under one judgment and secondly the evidence of the 2 witnesses namely. Sewo and Kamal who were examined in the other case has been illegally used against these appellants. Mrs. Salima Nasiruddin who had appeared on behalf of the State before me on the previous occasion; had accepted these two legal objections and had suggested retrial. I have already referred to the opinion expressed by Mr. Azizullah Shaikh who had appeared for the two accused persons who were tried and acquitted in the connected case. Mr. Syed Ale Raza who now appears for the State had opined that no appeal has been…

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