Law:

Section:

Keywords: Leave, Prosecution, Commission, Consideration, Prosecution Witness, Death Sentence, Omission, Abscondence, False Evidence, Exchange, Responsibility, Cross-Examination, Testimony, Place, Minutes, Trial Court, Evidence, Consultation, Conviction, Examination, Confirmation, Defence, Investigation, Liability, Discretion, Defence Witness, Vehicle, Notice, Information Result: Appeal accepted JUDGMENT MUHAMMAD HALEEM, J.-Appellant Haroon Rashid stands convicted under section 302, P. P. C. For the murder of Shah Nawaz and sentenced to death. He was tried and convicted as afore stated by the learned Additional Sessions Judge, Karachi, vide judgment dated 27th November 1973. He leas appealed against his conviction while the learned Additional Sessions Judge has referred his case for the confirmation of death sentence. This judgment will dispose of the appeal and the reference. 2. According to the prosecution case, the incident occurred at 19-30 hours on 5th March 19/3, near the Panshop of Yousuf which is situate is Gali No. 2, Off Burns Road, Karachi. The deceased and his brothers, Mazhar and Sultan, alongwith their father resided in a house in that locality about 15 paces away from the wardat. Mazhar and the deceased saw the T. V. Till 19 hours when Mazhar left as he had to go to Sadar. The deceased also followed him. As he came out Mazhar saw his brother Sultan standing near the Panshop and on reaching the footpath in front of the shop de enquired from Luqman, who is also called Irshad, about his friend Aslam. Just at that moment the appellant, who lived in the same gall and is reputed to be hot-headed, came and exchanged abuses with the deceased, took out a knife from his pant and stabbed the deceased on his chest and thereafter ran towards Gali No. 10. The deceased fell down on the footpath. Both Mazhar and Sultan cried out 'pakro, pakro', but no one could apprehend him. He then lifted his brother and hurriedly took him in a taxi to the Civil Hospital, where he expired after 15 minutes. The incident was said to have been witnessed by others as well, namely Irshad, Yousuf and Jamal. On returning from the hospital Mazhar lodged the F. I. R. At Police Station,…

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