Law:

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Keywords: Defence, Custody, Investigation, Evidence, Examination, Prosecution, Fine, Conviction, Prosecutor, Private Defence, Minutes, Production, Testimony, Property, Set Aside, Information, Disposed Of, Imprisonment, Inter Alia, Place Result: Order accordingly JUDGMENT AGHA ALI HYDER J. -The appellant in Criminal Appeal No. J-189 of 1971, was convicted by the learned Sessions Judge, Karachi for an offence under section 302, P.P.C. And sentenced to transportation for life; and a fine of Rs. 500, or in default to undergo R. I. For two years. The appellant in Criminal Appeal No. J.-190 of 1971 was, in the same trial, convicted for an offence under section 325, P. P. C. And sentenced to undergo R. I. For 3 years, and a fine of Rs. 200, or in default to undergo R. I. For one year. They have come in appeal through the Jail authorities. Both the appeals will be disposed of by a composite judgment. The circumstances giving rise to these two appeals are as follows: 2. Mushtaq Ahmed, a Police Head Constable, since deceased, was married to Mst. Aisha. He had divorced his wife, and some 5/6 months before the incident, married Mst. Amina, his sister-in-law. Mst. Amina was the widow of Abdul Qayyum, a brother of the appellant Manzoorul Haq. Abdul Qayyum is stated to have left behind some property. Manzoorul Haq's family members, and the other appellant, who is his son, did not feel happy at this marriage. It is alleged that on 13-8-1967 at about the noon time, the appellants accompanied by two other persons, who have been since acquitted, came to the quarter of Mushtaq Ahmed in Landhi Colony. The appellant Manzoorul Haq was armed with a spear while the appellant Zahoorul Haq had a hockey stick in his hand. They had called for Mushtaq Ahmed and when he appeared outside, Manzoorul Haq had struck him with the spear and Zahoorul Haq had given him a blow with the stick. Some other injuries had been caused by the two companions of the appellants. When Mushtaq Ahmed tried to take shelter in his quarter, appellant Manzoorul Haq is alleged to have struck him in the back with the spear, Mushtaq Ahmed had collapsed on the ground and succumbed to his injuries. Even some of the family…

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