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Criminal Revision No. 286 and Criminal J. Revision No. 281 of 1965, decided on 24th November 1965.

, S. 419 read with S. 423(l)(b)-Revisional powers of High Court-Trial Court disposing of two cases tried separately under one judgment and evidence of witnesses examined in one case used against accused, in other case-Finding of conviction reversed and retrial of cases from stage of writing judgment ordered.

Azizullah K. Shaikh and Baqar Hussain for Appellants.

Ale-Raza for A. A.-G. for the State.

Date for hearing : 2nd November 1965.

For the reasons stated in my order dated g-7-1965 Abdul Wahid and Kadirbux have been served with notices and they are represented by Mr, Azizullah Shaikh, Advocate. His view is that this Court has powers under section 423; Cr. P. C. to reverse the finding and order for retrial by a Court of competent jurisdiction and subordinate to this appellate Court. Four appellants Muhammad Ali and others were found guilty of various offences and-sentenced to different terms of imprisonment. Two legal objections raised on their behalf were that trial Court had disposed of the 2 cases which were tried separately under one judgment and secondly the evidence of the 2 witnesses namely. Sewo and Kamal who were examined in the other case has been illegally used against these appellants. Mrs. Salima Nasiruddin who had appeared on behalf of the State before me on the previous occasion; had accepted these two legal objections and had suggested retrial. I have already referred to the opinion expressed by Mr. Azizullah Shaikh who had appeared for the two accused persons who were tried and acquitted in the connected case. Mr. Syed Ale Raza who now appears for the State had opined that no appeal has been filed by the State against their acquittal.. He has further admitted that the evidence of the two prosecution witnesses in that case has been improperly used against the present four appellants and secondly that there should have been two judgments and not one. He therefore had suggested for setting aside the judgment and order for retrial from the stage of writing tyro separate judgments. In support of his opinion he had argued that powers of this Court in revision are very wide. This position is correct but there appears no reason to set aside the judgment against the acquittal of these two persons. I have already referred to powers of this Court under section 423(1)(b), Cr. P. C. I therefore reverse the finding of conviction against these four appellants and order for their retrial from the stage of writing judgment. I am informed that Mr. Iftikhar Hussain who had tried these two cases as Sessions Judge at Jacobabad is now posted at Karachi. Tire record may be sent to him for writing a separate judgment against these appellants in the light of the remarks made by me in this order as well as previous one of 8-7-65. Revision applications are disposed of accordingly.

Order accordingly.

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