Law:

Section:

Keywords: Premises, Delay, Information, Prosecution, Evidence, Order, Prompt Dower, Guilty, Death Sentence, Remittance, Payment, Petition, Dispute, Assault, Confirmation, Selling, Parties, Set Aside, Place, Conviction, Register, Examination, Proprietor, Failure, Notice, Leave, Testimony, Recovery, Inter Se, Period, Dower Result: Appeal accepted JUDGMENT Z. A. CHANNA, J.-The two appellants Muhammad Nasim and Muhammad Mubin, who are brothers inter se, were tried by the learned Additional Sessions Judge, Karachi, under section 302 read with section 34, P. P. C., for committing murder of their relation Khalid, and were con victed and sentenced for the said offence to death. The learned Additional Sessions Judge has referred their case for the confirmation remittance, while they have preferred an appeal against their conviction. This judgment will dispose off both the reference and the appeal. 2. According to the prosecution case, some two years prior to the incident, appellant Nasim married Mst. Rehana, the elder sister of deceased Khalid. The marriage did not prove a happy one and a few months after the marriage Mst. Rehana left Nasim and came and put up with her parents. Appellant Nasim thereupon filed a suit for restitution of congujal rights. The said suit was decided in favour of appellant Nasim but subject to the payment by him of prompt dower of Rs. 5,000.00 to Mst. Rehana. Due to this litigation the relations between the parties were strained and it is alleged that on one hearing of the Civil Suit appellant Mubin had threatened deceased Khalid outside the Court premises. On the day of the incident (29-1-1969), at about 2-30 p.m. The deceased accompanied by first informant Zamir Hyder and their friend Jawed Iqbal were going from the Plaza Cinema side towards the City side when in front of the Sind Assembly Building, the two appellants were seen approaching from the opposite direction. Appellant Muhammad Nasim struck his shoulder against deceased Khalid and thereafter both appellants started beating him, but he was rescued by Zamir Hyder, Jawed Iqbal and some passers-by. Thereafter, the deceased and his two friends went to Tehran Restaurant for the purposes…

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