Law:

Section:

Keywords: Conviction, Prosecution Witness, Investigation, Magistrate, Prosecutor, Inquiries, Set Aside, Administrator, Vehicle, Prosecution, Registered, Forgery, Information, Testimony, Cross-Examination, Notice, Guilty, Evidence, Receipt, Copy, Kidnapping, Parties, Delay, Examination, Death Sentence, Confirmation, Place, Recording, Dying, Manager, Trial Court, Charge-Sheet, Benefit Of Doubt Result: Appeal allowed JUDGMENT Abdul Kadir Shaikh, J.-Appellant Mahfooz Ali son of Sved Mahmood Ali, aged 23 years, was tried along with co- accused, Dost Mohammad and Muhammad Ilyas, for the murder of Nazeer Ahmad, driver of Bus No. KAU 9422, when he reached Old Exhibition Bus-stop, Karachi, at 5-30 p.m. on 7th of January 1969. Whereas appellant was found guilty and sentenced to death, under section 302, P. P. C., the co-accused were given the benefit of the doubt and were acquitted by the Additional Sessions Judge, Karachi. The case has come up before us for the confirmation of the death sentence, and on an appeal filed by the convict. P. W. Muhammad Nawaz, Traffic Constable No. 5845, was on duty at the Bus-Stop at the relevant time, and he witnessed the occurrence. This is how he described it at the trial: "At about 5-30 p.m. one Bus KAU 9422 came from Boulton Market side and was for Guru Mandir side. It was waiting at the Bus-Stop of Old Exhibition. Passengers were getting out and getting to the bus. The bus was to move while I was on duty at a distance of about 20 paces from the bus. I was busy in controlling the traffic and pedestrians. A jeep passed from there and stood in front of the bus, I had seen 3 or 4 persons sitting in that jeep. They had dandas with them. They suddenly got down from the jeep and entered in the bus. They assaulted the driver of the bus. There were many persons at that place. I also went there. I saw the driver being dragged out of the bus. Two parties were exchanging blows with each other. As soon as I came at the spot the assailants left the driver injured on the ground and went away in the jeep in which they had come. The number of the jeep was noted down by me. It was KAG 761. The driver was lying injured but conscious. I saw some dandas…

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