Law:

Section:

Keywords: Incorporation, False Evidence, Time Of Payment, Conviction, Place, Recovery, Substitution, Dispute, Goods, Exchange, Defence, Payment, Delay, Examination, Information, Proprietor, Evidence, Cross-Examination, Prosecution, Recording, Plea, Production, Modification, Certificate Result: Order accordingly JUDGMENT The appellant who was charged with the offence of 302, P. P. C. For having caused the death of one Mumraiz on the 25th day of July 1971 was ultimately convicted under section 304, P. P. C. And was sentenced to 10 years' R. I. The case of the prosecution was that on the day of incident the deceased who was the first driver of truck No. KAX 8893 alongwith the second driver Syed Lal Badshah and cleaner Ghulam Kadir were sitting at the Adda of the Karachi-Hazara Goods Transport opposite Iranian Hall. The deceased sent for meals for three persons from a hotel called Zaman Hotel situated near dirty Nala, The meals were brought by one Pervaiz, an employee of the hotel, but at the time of payment there was a dispute over the amount. After sometime I e. At about 11-30 p.m. Instead of Pervaiz the appellant came to take the plates and the bill which according to him was Rs. 11. The deceas ed discussed with him that they would pay Rs. 10 only as they were regular customers of the hotel. The appellant, who was the son of the proprietor, insisted on taking Rs. 11 whereupon a heated discussion, resulting in exchange of abuses took place, and the appellant getting infuriated suddenly took out a knife from the folds of his Shalwar and attacked the deceased with the same and hit him in the left side of the belly, where after he ran away from the spot alongwith the knife. This incident was witnessed by Syed Lal Badshah who became the first informant, Ghulam Kadir, the cleaner and one Muhammad Anwar, who was present there. Thereafter the deceased was taken to the Civil Hospital in the truck where he subsequently died. The time of his admission in the hospital was 12-25 a.m. On 26-7-71 and he died in the morning of the same date at 7-15 a .m. On his first examination by P. W. Dr. Abdul Sattar Laghari, he found one incised wound 2" x 1" x cavity deep with omentum…

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