Law:

Section:

Keywords: Delay, Order, Place, Examination, Testimony, Investigation, Cross-Examination, Trial Court, Recording, Mitigating Circumstance, Penalty, Apprehension, Enhancement, Notice, Change, Prosecution, Conviction, Recovery, Seizure, Omission, Evidence Result: Order accordingly JUDGMENT I. MAHMOOD, J. -The appellant, Mirza Inayat Beg aged 35 years, along with three other accused A.I Haider Shah, Muhammad Siddiq and Shah Nawaz were committed for trial under sections 302, 324 read with section 34 P. P. C. On a charge of murder of a minor boy, Hanif, aged 10 years and also causing simple injury to one Mst. Durnaz, by firing from a revolver from inside a taxi. By his judgment dated 2-1-1971, the Additional Sessions Judge, Karachi convicted the appellant under section 302/34, P. P. C. And sentenced him to transportation for life under section 302, P. P. C. And one year R. I. Under section 324, both sentences to run concurrently. He, however, acquitted the other three accused as he found that common intention had not been proved. There is also a reference for enhancement of his sentence to death. This judgment will dispose of both the matters. 2. The prosecution case was that on 31-3-69 at about 2-00 p. m. The appellant and acquitted accused A.I Haider Shah hired a taxi No. KAX/4848 which was driven by Ghulam Qadir son of Chhar Shambey, (P. W. 9) for having a joyride and indulging in frolic. On the way from various parts of the city, they picked up firstly Muhammad Siddiq, then Shah Nawaz and lastly one Siddiq alias Billa, who was declared an absconder. They had liquor and wine with them and they picked up a few bottles of soda water and some glasses on the way. They stopped at various places drinking and were in a state of intoxication. At Plaza Quarters, acquitted Shah Nawaz picked up a revolver. They also stopped to take charas. At about 4.45 p. m. The taxi was passing Gabole Road. It is alleged by the prosecution that the appellant fired from his revolver haphazardly from inside the taxi from the right side as a result of which one Mohammad Hanif a boy aged 10 years was injured on his forehead and a woman Mst. Durnaz was injured in the foot. After firing, the…

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