| Citation(s) |
|---|
| 1972 SLG 811 1972 SLD 811 1972 PCRLJ 826 |
Sindh High Court
Criminal Appeal No. 236 of 1970, 15th September, 1971
ABDUL KADIR SHAIKH AND MIR KHUDA BAKHSH MARRI, JJ
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Criminal Appeal No. 236 of 1970, 15th September, 1971
ABDUL KADIR SHAIKH AND MIR KHUDA BAKHSH MARRI, JJ
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Syed Shabir Ali
VS
The State
Law:
Section:
Keywords: Prosecution, Minutes, Delay, Dispute, Testimony, Office, Inter Alia, Information, Examination, Defence, Modification, Ownership, Exception, Cross-Examination, Government, Penalty, Consideration, Evidence, Notice, Place, Investigation, Material Facts, Relief, Death Sentence, High Court, Certificate, Plea, Remand, Magistrate, Disposal, Order, Permission, Punishment, Confirmation Result: Appeal dismissed JUDGMENT Khuda Bakhsh Marri, J.-The appellant Shabhir Ali son of Azhar Ali Sayed has challenged the judgment of Mr. Muhammad Ishtiaq Hussain, Ex-Officio II Additional Sessions Judge, Hyderabad dated the 6th of June 1970, by which he has been convicted under section 302/324, P. P. C. and sentenced to death under section 302, P. P. C. and to one year's R, I. under section 324, P. P. C. for the murder of one Mst. Anis Sultana. This matter has been referred to us under section 374, Cr. P. C. as well for confirmation of the sentence. Both the appeal and the reference therefore, will be dealt with by this judgment. 2. Brief facts of this case are that on 25th July 1966 at 11 a. m. one Sayed Iftikhar Ali filed an F. I. R. at Latifabad Police Station, Hyderabad to the effect that he, his mother-in-law Rashida Begum, his wife Balqis Jamal and his sali (sister-in-law) Anis Sultana deceased and his brother-in-law Shahzad Akhtar, used to reside jointly in one quarter No. 335/B, Unit No. 10, Latifabad. His two brothers namely, Syed Shabhir Ali (accused- appellant) and Manzoor Ali used to reside in Unit No. 6, these brothers being on visiting terms, used to come to his house. His sister-in-law Mst. Anis Sultana having attained majority, was made to observe parda from his brother Shabhir Ali about 20-25 days before the incident. On the day of incident i. e., 25th July 1966, he went in the morning as usual at 7-30 a.m. to attend his duties as a Senior Clerk in the office of the Commissioner, Hyderabad. At 10 a.m. on the same day, his brother-in-law Shahzad Akhtar came to his office and informed him that after his going to the office, Shabir Ali came to his shop, stayed a little while and went to the house of complainant. He went on to state that at that time his mother…
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