| Case ID |
3d73e41b-3283-4773-b1aa-706a926bcb65 |
| Body |
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| Case Number |
Criminal Appeal No. 63 of 1962 |
| Decision Date |
Jan 11, 1963 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal of the appellants, Pir Badshah and Lal Sherin, who were accused of murder. After their discharge from the case by a Magistrate, a fresh complaint was filed by the mother of the deceased, leading to their prosecution under the Frontier Crimes Regulation. The court held that a discharge order does not bar a fresh prosecution and that the appellants could be tried again based on the new complaint. The decision emphasized that the legal liability to be tried for an offence is sufficient to classify a person as an accused. The appeal was accordingly dismissed. |
| Summary |
In the case of Pir Badshah and Lal Sherin vs. The State, the Supreme Court of Pakistan addressed the legality of prosecuting individuals who had previously been discharged from a murder case. The court examined the implications of the Frontier Crimes Regulation, 1901, and the Criminal Procedure Code, 1898. The appeal arose after the appellants were discharged by a Magistrate, only for a fresh complaint to be lodged by the victim's mother. The court ruled that the discharge did not prevent new legal actions, thus allowing the authorities to refer the case to a Council-of-Elders for trial. The decision highlighted the importance of ensuring that individuals accused of crimes are subject to legal scrutiny, even after discharge, if new evidence or complaints arise. This case serves as a significant precedent regarding the interpretation of discharge orders and the rights of victims to seek justice through fresh complaints. Keywords such as 'criminal appeal', 'Frontier Crimes Regulation', 'legal liability', and 'Supreme Court of Pakistan' are essential for understanding the broader implications of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
A. R. CORNELIUS, C.J.,
S. A. RAHMAN,
FAZLE-AKBAR,
B. Z. KAIKAUS,
HAMOODUR RAHMAN, JJ
|
| Lawyers |
Shaukat Ali Advocate Supreme Court instructed by Munir Ahmad Attorney for Appellants,
M. A. Zullah Advocate Supreme Court instructed by Ijaz All Attorney for Respondent
|
| Petitioners |
Pir Badshah,
Lal Sherin
|
| Respondents |
The State
|
| Citations |
1963 SLD 490,
1963 PLD 93
|
| Other Citations |
Abul Hossain v. Suwalal Agarwala PLD 1962 SC 242,
Sher Wali v. State PLD 1961 Pesh. 117
|
| Laws Involved |
Frontier Crimes Regulation, 1901,
Criminal Procedure Code, 1898
|
| Sections |
11,
14,
209,
512,
87,
88
|