HARI Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal in a criminal case which has undergone some vicissitudes in the Courts in India. The appellant, with six other persons, was tried at Karachi and was convicted of murder. The accused were tried before the Additional Judicial Commissioner of Sind, Mr. Dadiba Mehta, and a special jury of nine jurors. After a trial lasting five weeks six of the accused were convicted on different parts of the charges and sentenced. The seventh was acquitted. The convicted men then appealed to the Court of the Judicial Commissioner and the appellant appeals by special leave to His Majesty in Council. On this appeal questions have arisen which it is not necessary finally to settle, as to the precise position of the Court of the Judicial Commissioner of Sind in its criminal jurisdiction and in respect of its appellate jurisdiction. The material sections are the sections of the Bombay Act No.12 of 1866 as amended, which provides, by S. 1:

(2.) There shall be for the Province of Sind a Court of the Judicial Commissioner of Sind which shall be the highest Court of appeal in civil and criminal matters in the said province, and which shall be the District Court and Court of Session of Karachi. The Court of the Judicial Commissioner shall consist of three or more Judges, one of whom shall be the Judicial Commissioner of Sind and the others Additional Commissioners.

(3.) By an amending section it was provided: The Judicial Commissioner and Additional Judicial Commissioners shall be appointed by the Local Government, by whom alone they shall be liable to be suspended or removed. They shall, within the District and Sessions Division of Karachi, each of them exercise all the jurisdiction and have all the powers of a Judge of a District Court and of a Sessions Judge.