Law:

Section:

Criminal trial----Justice should not only be done but must seem to be done-Judge while dealing with case against accused using the phrase "peace be upon hire" after the name of father of accused who was claimed to have died in odour of sanctity--­Acquittal of accused-Complainant unassisted by counsel, held, ill circumstances, could rightly claim non-dispensation of justice­ Case remanded back for disposal by another Sessions Judge. Appellant in person. Nemo for Respondent No Nawab Ahmad, Advocate Supreme Court instructed by Wall Muhammad, Attorney for Respondent No. 2. Date of hearing : 27th October 1958. JUDGMENT CORNELIUS, J.-By this appeal brought before the Court by special leave granted to Muhammad Hassan, relief is sought in respect of an order of the High Court of West Pakistan, dismissing a revision petition filed by Muhammad Hassan against the acquittal of two persons, Muhammad Ismail and Muhammad Mehdi, whom he had accused of the offence of causing grievous hurt to him. Leave to appeal was granted by this Court to ascertain, in respect of the judgment in first appeal of the Sessions Judge, acquitting the accused persons, whether justice had not only been done, but had also been seen to be done. This aspect of the case was not asserted before the High Court, m the terms used above, but it was pressed that the Sessions Judge "had betrayed his prejudice in favour of Maulvi Hassain Ali, by writing (after his name) the words `peace be upon him' in his judgment". It should be mentioned that Maulvi Hassain Ali, a person who appears to have died some time ago in the odour of sanctity, had not direct connection with the case. It appears that strife had developed among his sons after his death over the right to administer, or rather to serve at, his shrine, and the case for the complainant Muhammad Hassan was that he was a devotee of Maulvi Hassain Ali, but was in the camp of the party among Maulvi Hassain Ali's sons which was out of possession, so to speak. The point of prejudice raised in the High Court was disposed of in the judgment by saying that the Sessions Judge, if he revered Maulvi Hassain Ali "would naturally have respect for all his sons". The…

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