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Keywords: Penalty, Testimony, Prosecution, Examination, Benefit Of Doubt, Set Aside, Conviction, Place, Government, Imprisonment, Recovery, Information, Defence, Possession, Evidence, In Lieu, Assault Result: Appeal Allowed JUDGMENT Z. A. CHANNA, J. Appellant Abdul Qayum, a Rickshaw Diver by profession, has been tried by the learned Ex-Officer Additional Sessions Judge, Karachi, in respect of an offence punishable ruder Section 302, P. P. C., for allegedly committing the murder of one Abdul Latif with a knife, and the learned Judge by his judgment delivered on 22-12-1975, convicted the appellant of the said offence and sentenced him to imprisonment for life. The learned Judge did not impose on the appellant the penalty of death normally imposed for an offence of murder, but bas not given any reasons in his judgment for awarding the lesser penalty. 2. The facts of the case, shortly stated, are that on 3-12-1971, which happened to be the fist blackout night at Karachi, on consequence of the war with India, Khalid Hussain and his companion, Abdul Rashid, were sitting in the Akhlaq Hotel, near the garden of Hashim Khan, and were listening to the news on Radio, when at about 10-00 p.m. They heard a commotion in the nearby "lane No. 2, whereupon they rushed towards that side, and are said to have seen one man with a Danda, whose name is stated to be Muffar Khan, giving Danda blows to the deceased who fell down on the street, whereafter the present appellant is said to have attacked the deceased with a knife and caused fatal injuries to him. It is further alleged that Khalid Hussain and Abdul Rashid overpowered and apprehended the appellant and secured the knife from his possession, which was found to be stained with blood. The incident is also said to have been witnessed by Mohammad Aman, Rahmat Khan and others, who had arrived subsequently. Khalid Hussain and Abdul Rashid took the accused to the garden police station where Khalid Hussain lodged his first information report at 10-00 p.m. Which was recorded by A. S. I. Mohammad Zaman. He also produced before the A. S. I. The blood-stained knife said to have been secured from the appellant. In the meanwhile the…

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