Maxim: Autrefois acquit-Criminal trial of four accused-Two acquitted and two convicted-Neither complainant nor State moving appeal against acquittal-High Court, in appeal by convicted accused, setting aside conviction and ordering retrial-Contention that retrial meant reopening case against acquitted accused as well Held not correct. Muhammad Ismail, Advocate Supreme Court instructed by Sh. Masood Akhtar, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 30th January 1970. ORDER MUHAMMAD YAQUB ALI, J.-Four persons, namely, Ismail, Muhammad Ali, Mohammad Hussain and Nawab were put up for trial in the Court of Additional Sessions Judge, Sheikhupura, under sections 542, 302 and 307, P. P.-C., read with section 34, P. P. C. Part of the evidence was recorded by Mr. Amir Akbar Khan, Additional Sessions Judge, Sheikhupura, and rest by his successor Mr. Ahsanul Haq Sethi. As a result of the trial Ismail and Mohammad Hussain were convicted and sentenced to death while Nawab and Mohammad Ali, respondents, were acquitted. On appeal by the condemned-prisoners and reference under section 372, Cr. P. C., a Division Bench of the High Court set aside their convictions on the finding that the trial was bad in law as evidence was partly recorded by one Additional Sessions Judge and partly by his successor. Consequent upon it the case was remanded to the Additional Sessions Judge, Sheikhupura, for retrial. During the fresh trial Qazi Muhammad Dastgir, Additional…
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