THE STATE vs HADI BUX — 1970 PLD 737

Citation: 1970 PLD 737

Court: Sindh High Court

Year: 1970

Decision Date: 1970-03-30

Parties: THE STATE vs HADI BUX

Headnotes

Case cited as PLD 1970 Karachi 737

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Hayat Junejo, Noorul Arfin Title: THE STATE vs HADI BUX Case No.: Criminal Acquittal Appeal No. 373 of 1967 Date of Judgment:1970-03-30 Reported As: PLD 1970 Karachi 737 Result: Appeal dismissed JUDGMENT JUDGMENT M. HAYAT JUNEJO, J.----This appeal by the State under section 417, Cr. P. C. Raises an important question of law, namely, whether the decision, by a Judge of the High Court after full hearing and with notice to both parties of an appeal against conviction on a minor charge bars the hearing by the High Court of an appeal later filed by the State against the acquittal of the convict on a graver charge. 2. The appeal has arisen in the following circumstances on 8-4-1966, at about 10. a.m. An incident took place outside village Amir Bux Wassan in the course of which two persons, namely, Hidayat A.I alias Inayat A.I son of Haji and Niaz A.I son of Allahditto lost their lives; while four others, namely, Suleman, Sain Bux, Jamal and Allahditto sustained injuries. The First Information Report relating to the occurrence was lodged the same day at 11 a.m. By complainant Rasool Bux. 3. The prosecution case in brief was that these murders had been committed on account of previous enmity between respondent Hadi Bux and deceased Niaz A.I over matrimonial disputes. The respondent was asked not to visit the village of the complainant-party but he came there on the evening preceding the day of the occurrence and threatened deceased…

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