Case Details

Citation(s)
1977 SLG 1929 1977 SLD 1929 1977 PCRLJ 977
Sindh High Court
Criminal Appeal No. J-122 of 1975, 3rd June, 1977
AGHA ALI HAIDER AND G. MUHAMMAD SHAH, JJ

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Muhammad Ishaque

VS

Ths State

Law:

Section:

Keywords: Testimony, Procedure, Charge-Sheet, Modification, Information, Prosecution, Defence, Examination, Auction, Exception, Place, Evidence, Conviction, Investigation, Exemption, Custody, Responsibility, Life Imprisonment, Incapable, Imprisonment, Plea, Cross-Examination Result: e. JUDGMENT AGHA ALI HYDER, J.-The appellant was proceeded against for an offence under section 302, P. P. C. However, he was convicted, 'under section 326, P. P. C. And sentenced to undergo imprisonment for life. He has come in appeal through the jail authorities. 2. The prosecution story, in brief, is that on the 16th of March 1970 at about 7-30 p. m,, the appellant had struck a number of knife blows to Bin Yameen near the Lea Market Area, Karachi. The appellant was apprehended at the spot by a number of people, including two police men. Bin yameen was taken to the Napier Police Station, where he lodged the First Information Report. Bin Yameen was rushed to the hospital. The S. H. O. Had also secured the blood-stained knife, which was produced before, him, and prepared a 'Mashirnama'. There was blood on the clothes of the appellant also and that came to be secured. Thereafter, he had gone to the 'Wardat; Which was near Sultan Hotel, Lea Market, and prepared the 'mashirnama'. There were some slight injuries on the person of the appellant also, and he also' was referred to the hospital. Thereafter, enquiries were made from Akbar Khan, Mirdad Abdul Karim and Bakhta Khan. Bin Yameen succumbed to his injuries on 18-3-1970 at the, hospital. The. S. H. O. Had gone 'to the hospital, and prepared the inquest report. He had sent the blood-staining clothes and the knife to the Chemical Examiner, and, after due investigation, submitted the charge-sheet to the Court. 3. The appellant in his statement at the Court of Enquiry decided the various allegations made against him. At the trial, all that he had to say was that, at the time of the incident, he was sitting in his tongs at Lea Market, where he was arrested by the police. He also produced two doctors, namely, Dr. Ghulam Yaseen and Dr. Mobeen Akhtar, in defence. (1) Incised wound left lumber region 3' above illiac crest 2 ' v 1' x cavity…
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