Law:

Section:

Keywords: Omission, Assault, Trial Court, Confirmation, Recovery, Common Object, Classes, False Statement, Dispute, Unlawful, Recording, Prosecution, Imprisonment, Unlawful Assembly, Defence, Testimony, Investigation, Cross-Examination, Order, Conviction, Place, Examination, Retrial, Grievance, Procedure, Call, Succession, Death Sentence, Evidence, Maintain, Consideration Result: Appeal dismissed JUDGMENT MUHAMMAD HALEEM, J. -Appellant Shamim Tetri alongwith Muhammad Hanif alias Kalay, Ibrahim alias Bhoora, Mushtaq Ahmad alias Gola, Amanullah alias Chanda, Muhammad Siddiq alias Lala and Ishaq Bandhani were tried for the murder of Saeed and for causing injuries to Maqsood, Qamar Saeed and Samiullah, but was only convicted under section 302, P. P. C. And sentenced to death. The others were acquitted of that charge but convicted under sections 324/149, 323/149 and 148, P. P. C. And sentenced on the first count to one year's rigorous imprisonment, on the second to 6 months rigorous imprisonment and on the third to one year's rigorous imprisonment, by the learned Additional Sessions Judge, Karachi vide judgement dated 30th June 1971. The above sentences were ordered to run concurrently. Since the State has not appealed against the acquittal of the above named persons on the charge of murder, a revision being No. 2/72 was filed to obtain an order of retrial on the above charge from this Court. The learned Additional Sessions Judge has referred the case of the appellant for confirmation of the death sentence while he has appealed to impugn his conviction and sentence. This judgment will dispose of all these matters. 2. According to the prosecution case, the incident occurred at 10-30 p.m. On 12th July 1969 near the cabin of Idris Panwala, which is situate in Block No. 9 of Liaquatabad, Karachi. It was alleged that Samiullah, Maqsood, Mushtaq son of Muhammad Shafi and the deceased were on their way at 9-30 p m. To listen to Qawali, which was to begin some time later, on the road side in their locality, and before reaching that place they went-to Cafe Madina for taking tea. While they were inside, the appellant, who resided in the same locality, came alongwith Ibrahim,…

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