Law:

Section:

(a) Jurisdiction---- Objection about jurisdiction---Objection about jurisdiction or competency of a forum should be raised at the initial stage in order to avoid complication and inconvenience which may arise ultimately in the reversal of the entire process. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Appraisal of evidence---Objection as to jurisdiction at appellate stage---Validity---Even if the High Court had no jurisdiction to hear the appeal, the accused could not be permitted to raise such an objection at late stage on account of the principle of estoppel which would operate against him because of his acquiescence or silence and particularly when otherwise the Trial Court and the High Court as such did not lack jurisdiction in the matter---Effort to nullify all the proceedings on account of some defect in the charge .which had not prejudiced the accused but had rather benefited him, could not succeed which merely proceeded on technicality and not to advance the ends of justice---High Court had brought on record in a legal way the evidence which existed on record but could not be exhibited and made admissible on account of negligence of the Trial' Court and, such exercise by High Court having advanced the cause of justice was not open to any exception---Delay in recording the statements of eye-witnesses under S. 161, Cr.P.C. was due to the negligence/lapse of the police officers who despite their availability had failed to record their statements---Charge against the accused of having effectively fired at the deceased had been proved by the consistent statements of all the eye-witnesses supported by the medical evidence as well as by the abscondence of accused for more than three years despite his knowledge about the case against him---Appeal of accused was dismissed in circumstances. M.M. Gandhiu v. State of Mysore AIR 1960 Mys. 111; Nadir Shah v. The State 1980 SCMR 402; Shah Nawaz v. The State 1992 SCMR 1583; Azhar Hussain and others v. Government of Punjab and others 1992 PCr.LJ 2308 and Allah Din and 18 others v. The State and another 1994 SCMR 717 distinguished. Nizam-ud-Din v. The State 1999 PCr.LJ 1761; Babulal Chaukhani v. King-Emperor AIR 1938…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492