Muhammad Munir vs The Crown — 1971 SCMR 264

Citation: 1971 SCMR 264

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Headnotes

Case cited as 1971 SCMR 264

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Muhammad Shahabuddin, Alvin R. Cornelius, Muhammad Sharif, JUDGMENT Reported As: 1971 SCMR 264 Result: Appeals dismissed Judgment JUDGMENT MUHAMMAD MUNIR, C. J.-Criminal Appeals Nos. 51 and 53 of 1953, both by special leave, are directed against an order of retrial made by the High Court of Lahore in exercise of its revisional jurisdiction. There is nothing in the order of the High Court to show that the order of retrial in these cases offends against the rule laid down by this Court in Khairdi Khan v. The Crown (1). The appeals are therefore dismissed. CORNELIUS, J.-In my opinion, these appeals should be dismissed, and for the following reasons. The order in question in each case is one of re-trial, under section 439, Cr. P. C. Passed by a learned Single Judge of the Lahore High Court, upon the following facts. The offences were committed so long ago as the 5th July 1948, and consisted in brief of (a) the theft at night of a bullock and (b) the beating by the accused Khan and six of others of a party which went to remove the bullock when it was found tied in a behak belonging to Khan. The two cases were tried together, though the offences were not part of the same transaction, and ended in conviction, but in appeal, the convictions were set aside and the cases were remanded for trial de novo. The new trials ended in acquittal. The orders of the Magistrate in the two cases are of no great length, for the reason that he chose…

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