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Keywords: Recording, Imprisonment, Place, Evidence, F.I.R, Consideration, Intervention, Petition, Examination, Information, Benefit Of Doubt, Testimony, Premises, Prosecution Result: Appeal accepted JUDGMENT MUHAMMAD HALEEM, J.-Appellants Malik Jamshed Iqbal and Humayun Javed in Criminal Appeal No. 336 of 1973 and appellants Abdul Kader and Shamsuddin in Criminal Appeal No. 4 of 1974 were tried for the murder of Khuda Bux, convicted under section 302 read with section 34. P. P. C. And each of them sentenced to imprisonment for life by the learned VI Additional Sessions Judge, Karachi vide judgment dated 18th December 1973. They have appealed as aforesaid to impugn their convictions and sentences. 2. According to the prosecution case there was quarrel in the hall of Nayab Cinema on 31st December 1971 between appellant Abdul. Kader and his companions and unknown persons who had come to see a movie, 'Naz' which was being exhibited. At the Intervention of Khuda Bux and Mazhar the fight was averted and Kader and his companions were turned out of the hall. On the next day at 9-15 p. m. Abdul Kader alongwith four other persons again visited the premises of the Nayab Cinema and there they gave fist blows to Taj Muhammad and Gul Muhammad followed by blows with knife and churnto Khuda Bux, who being injured fell down. The incident was witnessed by Sabir, Zahir, Abdul Ghani, Taj, Gul Muhammad and others who had come to see the movie. After causing the injuries Abdul Kader and his companions escaped while the deceased, who was in a serious condi petition, was taken to the Police Station Golimar. The first information report was lodged by Zamiruddin at 21-40 hours the same day, in which the com plainant gave out the name of Abdul Kader alone but for others he stated that he would be able to identify them. 3. Raja Fazlur Rahman, Inspector of Police, after recording the report sent the deceased to civil hospital for treatment and thereafter repaired to the wardat which he inspected and found blood on the ground, He secured tile blood-stained earth vide mashirnama Exh. 12 and thereafter recorded the statements of Muhammad Sabir, Zahir, Abdul Ghani, Taj Muhammad Ihteshamuddin…

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