Law:

Section:

Keywords: Conviction, Recovery, Dying, Commission, Testimony, Government, Office, Investigation, Minutes, Cross-Examination, Offences, Examination, Prosecution, Substitution, Place, Irrigation, Imprisonment, Registered, Life Imprisonment, Information, Production, Evidence Result: Appeal dismissed JUDGMENT AGHA ALI HYDER, J.-The appellant was convicted by the learned Additional Sessions Judge, Sukkur, for offences under section 302, P. P. C., and section 13 -D of the Arms Ordinance. On the first count, he was given a sentence of life imprisonment, while he was awarded R. I. For twelve months on the second count; both the sentences to run concurrently. He has come in appeal against the same. 2. There was bad blood between the appellant and Ghulam Qadir, since deceased. There were a number of incidents, the last one being on 23-11-1971, in which the appellant is alleged, to have fired at Ghulam Qadir. A case was registered under section 307, P. P. C., and the appellant hall been arrested. According to Muhammad Umar, the complainant, he had been released on bail some twenty days before the incident. The appellant, however, put it a month before the incident. The prosecution story, in brief, is that, on the night of the 18th of October 1972, Ghulam Qadir, accompanied by his two friends, Niamatullah Qureshi and Lutfullah Soomro had left his house at about 10-00 p.m. The three of them had reached Achhar Street, Sukkur, where they were living, at about 12-30 in the night. It is alleged that the appellant was standing by the side of an electric pole, and seeing Ghulam Qadir shouted, that he would not spare him any more, and fired from his gun. Ghulam Qadir was struck in the chest region and col lapsed on the ground. The appellant is then stated to have gone towards the house of Ghulam Qadir, and fired at the outer entrance, saying that, if any boys dared to come out, he would meet the same fate as had befallen Ghulam Qadir. The outcries had attracted Muhammad Umar, the brother of Ghulam Qadir, and two other persons by the names of Shahal and Arab, seeing whom the appellant had taken to his heels. Ghulam Qadir was still in his senses, and spoke about the happenings. He,…

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