| Citation(s) |
|---|
| 1975 SLG 1084 1975 SLD 1084 1975 PCRLJ 897 |
Sindh High Court
Criminal Appeal No. 27 and Confirmation Case No. 14 of 1973, 23rd September, 1974
ABDUL KADIR SHAIKH AND ABDUL HAFEEZ MEMON, JJ
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Criminal Appeal No. 27 and Confirmation Case No. 14 of 1973, 23rd September, 1974
ABDUL KADIR SHAIKH AND ABDUL HAFEEZ MEMON, JJ
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Abdul Latif
VS
The State
Law:
Section:
Keywords: Recording, Confirmation, Cross-Examination, Petition, Call, Prosecution, Defence, Interference, Place, Recovery, Examination, Conviction, Extra-Judicial Confession, Selling, Apprehension, Evidence, Investigation, Penalty, Trial Court, Testimony, Consideration Result: Appeal dismissed JUDGMENT ABDUL HAFEEZ MEMON, J.-Appellant Abdul Latif son of Ghulam Muhammad has been convicted under section 302, P. P. C. And sentenced to death by the Additional Sessions Judge, Karachi for committing murder of his wife Mst. Naima. The appellant has appealed against his conviction and the case is also before us for confirmation of sentence of death passed on the appellant. By this judgment we propose to dispose of the appeal as well as the reference. Prosecution cast was that on 7th October 1969, Mst. Janat had returned to her Jhuggi after selling milk and was sitting on her takhat when, at about 2-30 p.m. Deceased Naima came rushing inside the but of Mst. Jannat and asked her to save her as the appellant, her husband, was coming behind her and would kill her. Immediately thereafter, Mst. Janat saw that the appel lant came from the road side and stabbed Mst. Naima and thereafter ran leaving the churri at the place of incident. On her cries P. Ws. Mahboob A.I, Mir Zaman and Khawas Khan ran after the appellant and caught him at little distance from the scene of offence and brought him there. P. W. Khawas Khan went to the police station and lodged the report which was recorded by S. H. O. Ghulam Rasool. The S. H. O. After recording the F. I. R. Reached the wardat where he secured the blood stained churri near the dead body, arrested the appellant who was held by P. W. Mir Zaman and others, got the appellant's blood-stained clothes removed and sent him to the hospital for examination as he had some scratches on his face and then recorded the statements of the witnesses and sent the secured article to the chemical analyser which were found to be stained with human blood. After investigation was completed, the appellant was challaned and com mitted to the Court of Sessions for trial. At the trial, the prosecution relied upon the evidence of (i) Mst. Janat, who had seen theβ¦
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