Law:

Section:

Keywords: Extra-Judicial Confession, Testimony, Cross-Examination, Information, Office, Disposed Of, Restoration, Procedure, Evidence, Copy, Defence Witness, Production, Examination, Leave, Exception, Divorce, Defence, Trial Court, Investigation, Dying, Call, Penalty, Jurisdiction, Place, Conviction, Magistrate, Delay Result: Appeal dismissed JUDGMENT AGHA ALI HYDER, J.-The appellant was convicted by the learned Additional Sessions Judge, Karachi, for an offence under section 302, P.P.C. And sentenced to death. There is a reference from the learned Additional Sessions Judge, as required under section 374 of the Code of Criminal Procedure, and there is also an appeal filled by the appellant. The refer ence and the appeal will be disposed of by this composite judgment. 2. Mst. Kulsum alias Kulla, residing in Ibrahim Hyderi, had been married to one Aboobakar. A son by the name of Younus was born from the said wedlock, ending In a divorce. The father of Mat. Kulsum, by profession a fisherman, was alive, but, for sometimes she had stayed, as she says, with a 'Saheli' of her, and it was during that stay that she had come across the present appellant. It appears that the appellant was prepared to keep her in his house as a mistress, but Mst. Kulsum wanted to share big roof as a duly wedded wife. The appellant was not agreeable to the latter proposal, and was persuading her to accompany him to his house. This proposal was spurned. It transpires that the appellant had detained the son of Mst. Kulsum at his house to force the issue, but that did not weaken the resolve of Mst. Kulsum. On the 16th of July, 1971, Mst. Kulsum had come to a hospital at Kagzi Bazaar, Karachi, to see her aunt, who was admitted there. She had taken a bus to travel back home. When the bus bad reached near about the Spencer's Eye Hospital, the appellant, who had boarded same bus, came to the ladies Compartment, where Just. Kulsum was sitting, and dealt her a number of knife injuries. The bus was stopped, but the appellant made good his escape. P. Iii. Abdur Razzaq, the driver of the bug, took Mst. Kulsum on the bus to Napier Police Station to report the incident, but was informed that it was the…

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