Law:

Section:

Keywords: F.I.R, Procedure, Evidence, Copy, Place, Trial Court, Consideration, Testimony, High Court, Leave, Order, Jurisdiction, Survey, Appraisement, Prosecution, Illegal, Government, Retrial, Appeal Against Acquittal, Revisional Jurisdiction, Examination, Production, Set Aside, Period, Defence Result: Petition dismissed JUDGMENT This application under section 435-439 of the Criminal Procedure Code has being filed against the judgment dated 27-7-70 of an Additional Sessions Judge of Karachi, whereby he had acquitted respondent No. 2, Syed Sardar A.I, who was tried under section 302, P. P. C. For the murder of Yousuf son of A.I Muhammad who was married to his sister by name Afzal Begum alias Noor Jahan. On the day of the incident i.e., 15-5-1968, she was in the Civil hospital, Karachi where she was being treated on account of her illness and she died there. 2. According to P.W. Idris, who is the first informant, the deceased alongwith the other witnesses went to the Civil Hospital, but being informed that the dead body of Mst. Afzal Begum had already been taken away came to the house of the respondent No. 2 i.e., Quarter No. 161/9, Moharir Quarter s Nazimabad. The deceased embraced the respondent No. 2 and started weeping when the respondent told him that he had already mourned much and that he should not shed any more tears from his eyes. It was, however, I learnt that the dead body had not been brought. At that stage some one in a rickshaw came and told the deceased to go to the Civil Hospital as the body of Mst. Afzal Begum was not being given without his signature. Thereupon the deceased Yousuf, his father and mother P. Ws. Complainant Idris and his father, P. W. Warrand came to the road to find some taxi when all of a sudden the respondent took out a knife and stabbed the deceased who fell down. The respondent continued to give him injuries even after that. He was taken to the hospital, but he expired on the same date at about 10-30 p.m. 3.According to Dr.Muhammad Umar who examined the dead body of the deceased be had the following injuries :- (1)incised wound from of chest just below right collar bone extending from the right shoulder to the middle of…

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