Mst. HAJRAN BIBI vs HABIB AND 3 Other — 1971 SCMR 468

Citation: 1971 SCMR 468

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-04-27

Parties: Mst. HAJRAN BIBI vs HABIB AND 3 Other

Headnotes

Case cited as 1971 SCMR 468

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Mujibur Rahman Khan Title: Mst. HAJRAN BIBI vs HABIB AND 3 Other Case No.: Criminal Appeal No. 20 of 1969 Criminal Appeal No. 316 of 1966 Date of Judgment:1971-04-27 Reported As: 1971 SCMR 468 Result: Leave granted Judgment ORDER SALAHUDDIN AHMED, J.-In this case leave to appeal from an order of acquittal by the High Court was given on 24-6-1968. The respondents had been tried under section 302/34 of the Pakistan Penal Code by the Sessions Judge, Gujranwala and convicted and two of them were sentenced to death and one was sentenced to transportation for life. On appeal and reference the High Court acquitted them all and hence the present appeal. It transpires from the order of this Court dated 21-10-1968 that the petition for special leave to appeal had already been barred by 29 days. The record shows that Mst. Hajran Bibi, mother of the deceased person, had filed an application dated 13-9-1967, and stated therein that as the appellant was an old woman and was not in a position to pay the fees of lawyer, she could not file the petition in time. No notice of this application was given to the respondents. The appellant's said application besides being vague, gave no satisfactory reason for the delay. In accordance with the principle now well settled that the persons who had secured acquittal from the High Court should not be put in jeopardy of their lives by a petition for special leave to…

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