Law:

Section:

Keywords: Benefit Of Doubt, Evidence, Order, Apprehension, Trial Court, Good Faith, Delay, Prosecution, Guilty, Conviction, Defence, Interference, Determination, Testimony, High Court, Legality, Recording, Leave, Examination, Punishment, Magistrate, Leave To Appeal, Production, Parties, Investigation, Refusal, Inter Alia, Property, Information Result: Appeal dismissed JUDGMENT AGHA ALI HYDER, J. -The appellant was convicted by the learned First Additional Sessions Judge, Hyderabad, for an offence under section 302, P. P. C. And sentenced to transportation for life. He has come in appeal. 2. The prosecution story, in brief, is that, on 10th February 1972, at about 4-30 p. m. Nasrullah, since deceased, had gone to the shop of the appellant to get his shirt pressed. It is alleged that the appellant was not agreeable to iron the shirt, and specially with the urgency demanded. An altercation followed, which ended in a hockey stick blow being given on the head of Nasrullah, which rendered him unconscious. Abdul Ghani, the brother of the deceased, was informed of the happenings by P. W. Liaquat Ali. The two of them went to the "Wardat", and found Nasrullah lying unconscious in front of the appellant's shop. Abdul Ghani, along with Liaquat Ali and Nasrullah, had gone to the Market Police Station at about 5-30 p. m. And the First Information Report was lodged by the former. S. H. O. Mazharuddin had prepared a "Mashirnama" in regard to the injuries on the person of Nasrullah and referred him to the L. M. C. Hospital, Hyderabad, for treatment. The S. H. O. Later proceeded to the "Wardat", and found blood on the ground. Thereafter, enquiries were made from Liaquat Ali, Ghulam Rasool and Ghulam Mobiuddin. It appears that Nasrullah succumbed to his injuries, and on 11-2-1972, the S. H. O., or getting the information, proceeded to the Hospital, where he prepared the inquest report over the dead body, which was later banded over to the Medical Officer for holding autopsy. On 12th February 1972 at 5-00 a. m. The appellant was arrested, while coming out of his house. The appellant took the police party to his shop, and opened the door thereof. Later, he had produced a shirt and…

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