Law:

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Keywords: Confirmation, Cross-Examination, Orders, Copies, Government, Intervention, Discharge, Consequences, Defence, Evidence, Guilty, Compensation, Period, Leave, Language, Investigation, Court Of Law, Exception, Care, Fine, Assault, Commission, Testimony, Examination, Appointment, Place, Prosecution, Inter Se, Death Sentence, Proceedings, Order, Offences Result: Appeal dismissed JUDGMENT ABDUL KADIR SHAIKH, J.-The appellant Muhammad Nasim Khan was tried for offences under sections 302 and 307 of the Pakistan Penal Code by the Additional Sessions Judge, Karachi for having committed the murder of one Ghulam Shah as well as having made a murderous assault on P. W. Muhammad Qasim on 12th March 1965 at about 11-30 a.m. He has been found guilty for both the offences and has been sentenced to death under section 302 and also to pay a fine of Rs. 1,000, in default to suffer R. I. For 6 months. The amount of fine, if recovered, has been directed to be paid to the heirs of the deceased Ghulam Shah as compensation under section 554-A, Cr. P. C. For the offence under section 307, P. P. C. The appellant has been sentenced to 3 years' R. I. In addition to pay a fine of Rs. 500 in default to undergo further 3 months' R. I. The amount of fine if paid has been directed to be given to P. W. Muhammad Qasim as compensation. The convict has filed an appeal which was heard along with the reference made under section 374, Cr. P. C. For the confirmation of the death sentence.. The prosecution case may briefly be stated as under :- Ghulam Shah deceased was employed as a line-man in the Regent Cinema at Karachi. About a month before the, incident a quarrel occurred between the appellant and the deceased in the cinema-hall as the appellant refused to take of his feet from a seat in front of him which was resented to by the deceased who was on duty in the cinema-hall: It is said that the appellant was greatly annoyed and he gave' out threats of dire consequences to the deceased. Subsequent to this the appellant is alleged to have attempted at the life of the deceased by running him over with his truck in Nazimabad area Ghulam Shah deceased however saved himself by running on the…

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