Law:

Section:

Keywords: Intervention, Commission, Dispute, Private Persons, Death Penalty, Exchange, Prosecution, Examination, Defence, Order, Period, Certificate, Copy, Testimony, Investigation, Imprisonment, Confirmation, Evidence, Procedure, Deceased Person, Information, Recovery, Place, Death Sentence, Incorporation, Guilty, Penalty, Conviction, Possession, Discharge Result: Appeal dismissed JUDGMENT ZAKAULLAH LODHI, J.-Appellant Muhammad Anwar was tried by the learned Ist Additional Sessions Judge Karachi, under section 302/307, Pakistan Penal Code on the charge of murder of deceased Ali Dad and Abdul Karim and causing, grievous injuries to Mst. Husan Ara wife of Fazal Mahmood. Ho was found guilty on both the counts and was sentenced to death penalty nit the charge of murder while on the charge of causing grievous injuries he was convicted to seven years' rigorous imprisonment. He has filed appeal against this conviction on both the counts white the learned 1st Additional Sessions Judge, Karachi, has referred the case for the confirmation of death sentence. This judgment will dispose of both the appeals as well as reference. 2. Briefly narrated the facts forming the background of this case are that on 30th April, 1970 at 1-00 a.m. The appellant committed murder of deceased Ali Dad and Abdul Karim and grievously injured Mst. Husan Ara in their house, situated on second floor of the building constructed on plot No. C/500, Central Commercial Area, P. E. C. H. S., Karachi. The first information report was lodged by complainant Mst. Husan Ara at 1-50 a.m. In Ferozabad Police Station. The report was initially recorded by P. W. Ahmad Hussain, Sub-Inspector Police who handed over the tame to P. W. Fazal Dad, Sub-Inspector for incorporation in the Book maintained under section 154, Criminal Procedure Code. In the F. I. R. It was stated that the complainant was living in the abovesaid flat alongwith her husband, her brother-in-law, Ali Dad (deceased), a boy servant, Abdul Karim (deceased) and her children. Her husband P. W. Fazal Mahmood was run ning a hotel in the vicinity by the-name of Cafe Al-Tariq, which he used to close after mid-night. The appellant was a relative of her…

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