Case Details

Citation(s)
1979 SLG 1418 1979 SLD 1418 1979 PCRLJ 126
Sindh High Court
Criminal Appeal No. 150 of 1976, 17/11/1977
Z.A. CHANNA AND G. MUHAMMAD SHAH, JJ

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Abdul Rauf

VS

The State

Law:

Section:

Keywords: Certificate, Intimation, Imprisonment, Description, Cross-Examination, Practice, Investigation, Presumption, Place, Registered, Information, Testimony, Possession, Evaluation, Prosecution, Dispute, Trial Court, Receipt, Conviction, Grounds, Evidence, Recording, Recovery, Variation, Plea, Assault, Procedure, Examination, Defence Result: Appeal dismissed JUDGMENT Z. A. CHANNA, J. -Appellant Abdul Rauf, an aged Pathan, has been convicted by a learned Additional Sessions Judge, Karachi, by his judgment delivered on 25-5-1976, under section 302 of committing the murder of one Muhammad Hussain and has been sentenced for the said offence to imprisonment for life. The learned Additional Sessions Judge did not award capital sentence to the appellant in view of his age, which he gave in the Sessions Court as 70 years. The appellant, by this appeal, has assailed his conviction and sentence. 2. The incident is said to have occurred on 1-11-1973 at 8=00 a.m., near the house of the deceased, in lane No. 19-D, Mahmoodabad Colony No. 5, at a distance of about one mile from Mahmoodabad Police Station, Karachi. It is alleged that there was a dispute between the deceased and the appellant as the deceased had filed a direct complaint against the appellant under section 379/426, P. P. C., against the appellant. The complaint was referred to the police for investigation, who found the complaint to be false, and accordingly a case under section 182, P. P. C. Was registered against the deceased. Because of this complaint, the relations between the deceased and the appellant were strained. It is stated that on the day of the incident, at about 8.00 or 8.30 a.m., Muhammad Ramzan and his step-son, Intizar Ahmed, were working in their tailoring cum-barbar shop, situated across the road from the house of the deceased, when they heard cries coming from the lane which is on the back of their shop, at which Intizar Ahmad went outside, followed by his step father. They are said to have seen the appellant giving knife blows to the deceased and thereafter running away. The deceased is alleged to have collapsed at the entrance to the shop of Ramzan and Intizar. He was taken to the…
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