Law:

Section:

Keywords: Endorsement, Dying, Information, Evidence, Records, Assault, Receipt, Recording, Permission, Certificate, Conviction, Copy, Prosecution, Order, Imprisonment, Place, Consideration, Petition, Incapable, Magistrate, Set Aside, Investigation, Orders, Fine, Recovery, Examination, Benefit Of Doubt Result: Appeal allowed JUDGMENT Z. A. CHANNA, J. Appellant Syed Naim Haider was tried along with one Rehanuddin by the learned Additional Sessions Judge, Karachi, under section 302/34, P. P. C., for committing the murder of Feroz A.I and while Rehanuddin was acquitted, the appellant was convicted of the said offence and sentenced to transportation for life and also to pay a fine of Rs. 1,000.00 or in default to suffer rigorous imprisonment for one year. He has appealed to impugn his conviction and sentence. 2. The prosecution case is, that on 15-7-1970, on receipt of telephonic message at 23-40 hours from Dr. Ansari, C. M. O., Civil Hospital, Karachi that one Feroz A.I, who was injured with knife, had been brought to the Civil Hospital, S. H. O. Muhammad Munir of Soldier Bazar Police Station went to the Civil Hospital and recorded the statement of injured Feroz A.I, after obtaining a certificate, Exh. 22, from the C. M. O. That the injured was in a fit state to make a statement. The story given by injured Feroz A.I in that statement, which was recorded at 00.30 hours, is that 4 or 5 months back he and his friend Kamil bad gone to Lalookhet, where the appellant and acquitted accused Rehanuddin bad beaten him, as according to them he had come to Lalookhet to see the girls of their Mohalla. He further stated that on the night of the incident, at about 22-30 hours, he was standing outside Cafe Mannan, alongwith Abid, Rashid, Hakim and other acquain tances, when the appellant alongwith acquitted accused Rehanuddin and two other friends arrived there, and when he enquired from Rehanuddin as to why the latter had got him beaten in Lalookhet, Rehanuddin started abusing him, while the appellant, who had a knife, stated that he was going to teach him a lesson for seeing girls, and on the appellant's instigation, Rehanuddin caught hold of him while appellant stabbed him with…

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