| Citation(s) |
|---|
| 1977 SLG 1829 1977 SLD 1829 1977 PCRLJ 434 |
Sindh High Court
Criminal Appeal No. 264 of 1974, 27th January, 1977
JAMALUDDIN H. AHMED AND AGHA ALI HAIDER, JJ
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Criminal Appeal No. 264 of 1974, 27th January, 1977
JAMALUDDIN H. AHMED AND AGHA ALI HAIDER, JJ
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Akram
VS
The State
Law:
Section:
Keywords: Registered, Examination, Place, Prosecution, Set Aside, Information, Evidence, Conviction, Imprisonment, Investigation, Cross-Examination Result: Appeal allowed JUDGMENT JAMALUDDIN H AHMAD, J. -Appellant Akram was convicted for offence under section 302, P. P. C. And sentenced to imprisonment for life, by the Session. Judge, Tharparkar, on 24th October, 1974. He has assailed his conviction by filing this appeal. 2. The prosecution case, in brief, is that deceased Mst. Saeeda, the younger sister of the appellant, lived with him, alongwith his, younger brother, Imtiaz and wife Mst. Kaneez Fatima. On or about 16th February, 1974, when the appellant had gone out of town to meet his parents there was some quarrel between his wife and the deceased, as a result of which the latter left the house during the night between 16th and 17th February, 1974, but was detected at the Railway Station and was brought back by Imtiaz and a constable Abdul Majeed. The appellant was informed of this incident on the 17th February, 1974, and on the same day in the afternoon, while his wife and brother were out; he took the deceased into a room and throttled her to death. He then proceeded to the Jhudo Police Station and made a statement of what he had done, whereupon Lal Khan, the S, H. O. Acting as the com plainant, registered the first information report in the case and arrested the appellant. The appellant had a few scratch-marks on his face for which a mashirnama was prepared. The S. H. O. Was then taken to the house by the appellant, where he was pointed out the dead body of Mst. Saeeda by the appellant, which was lying on the floor in a room. He prepared a mashirnama and sent the dead body to the Medical Officer for post-mortem examination. He then examined Mst. Kaneez Fatima, Imtiaz, Inayat Ali, Ghulam Muhammad and Abdul Sattar. On 18th February, 1974, he sent the appellant for medical examination. He also examined Naseem, Shabbir Ahmed, Azad Khan, Sultan, Abdul Majeed, P. C. Mst. Sharifan and Muhammad Aslam; and after completing the investigation sent up the case on the 11th March, 1914. 4. In this case there is no ocular evidence about the murder itself. The…
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