| Citation(s) |
|---|
| 1971 SLG 3050 1971 SLD 3050 = 1971 PCRLJ 333 |
Court of Special Judge, Karachi
Criminal Appeals Nos. 30 and 46 of 1967, decided on 17th March 1970.
Presented By: Muhammad Hayat Junejo and Ghulam Safdar Shah, JJ
Ali Muhammad v. The State P L D 1965 Kar. 133 rel. Ali Maqsood for Appellant (in Cr. Appeal No. 30 of 1967). Usman Ghani Rashid for the State.
Criminal Appeals Nos. 30 and 46 of 1967, decided on 17th March 1970.
Presented By: Muhammad Hayat Junejo and Ghulam Safdar Shah, JJ
Ali Muhammad v. The State P L D 1965 Kar. 133 rel. Ali Maqsood for Appellant (in Cr. Appeal No. 30 of 1967). Usman Ghani Rashid for the State.
FAREED KHAN AND ANOTHER-Appellants
VERSUS
THE STATE --Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 423
Law: Penal Code (XLV of 1860)
Section: 302, 34
(a) Criminal Procedure Code (V of 1898) S. 423-Appeal against conviction for murder-Counsel for appellant absent on date of hearing-Appeal of convict treated as jail appeal. (b) Penal Code (XLV of 1860) S. 302-Murder-Sentrnce High Court hearing appeal filed by convict, feeling in circumstances of case that appellant should have been sentenced to death rather than to transportation for life-High Court, nevertheless, refrained from issuing suo mote notice for enhancement in view of long delay in trial. (c) Penal Code (XLV of 1860) S. 302/34-Murder-Common intention of accused Burden of proving, lies on prosecution F and J, two accused, grappling with deceased G-J suddenly taking out knife from his pocket and delivering injuries on deceased G-Common intention of F along with J to kill deceased, in absence of pre-conceived plan, could .not be inferred in circum stance-Conviction of. F altered from S. 302/34, P. P. C. t o one under S. 323, P. P. C. Date of hearing : 13th March 1970. JUDGMENT MUHAMMAD HAYAT JUNEJO, J.-This judgment shall dispose of two connected appeals, namely, Criminal Appeal No. 30 of 1967 filed by Farid Khan son of Kalandar Khan and Criminal Appeal No. 46 of 1967 preferred by Jehangir Kayani son of Raja Inayat Kayani. Beth the appellants have been convicted by an Additional Sessions Judge at Karachi for an offence under section 302/34, P. P. C. and sentenced to transportation for life each for the murder of deceased Gul Mohammad alias Guloo. 2. This matter was to proceed on 20-2-1970 but Mr. K. H. Khurshid, the learned counsel for appellant Jehangir Kayani remained absent without any intimation to this Court. As the order dated 20-2-1970 of a Division Bench shows he was called several times but remained absent throughout the day. As, however, the matter involved a sentence of transportation for life the hearing was adjourned and the appeals have been fixed before us today. This time again father of appellant Jehangir Kayani asked for a postponement of hearing to enable him to engage a counsel. We intimated to him that we could give him a few days' adjournment for this purpose but he stated that as he had no funds at the moment a long…