Law:

Section:

Keywords: Failure, Information, Imprisonment, Inquiries, Recovery, Prosecution, Exchange, Set Aside, Defence, False Statement, Possession, Order, Assault, Copy, Drainage, Examination, Investigation, Production, Benefit Of Doubt, Register, Custody, Parties, Conviction, Trial Court, Dispute, Testimony, Place, Evidence, Cross-Examination Result: Appeal allowed JUDGMENT SAJJAD ALI SHAH, J. -This appeal is filed by the appellant named above against the judgment, dated 30th May 1977, passed by learned Sessions Judge, Karachi, whereby he has been convicted under section 326, P. P. C. And sentenced to imprisonment for life for having caused knife injuries to Nakim Khan, who subsequently died in the hospital. Initially the appellant and his co-accused Mushtak were challaned for offence under section 302/34, P- P- C. But the trial Court acquitted Mushtak and convicted appellant as stated above. Prosecution story in nutshell is that both parties to the case are dents of Railway Quarters in Cantonment Karachi. On 12-7-1976 at about 7-30 p.m., Hakim Khan was sitting on a cot in front of his quarter No. 6, Block No. 115. Right opposite this quarter is the back of quarter of appellant with one window on the back side opening towards the houses of Hakim Khan. Appellant, while inside his house, through back window exchanged abuse with Hakim Khan. Thereafter, appellant armed with a chhuri, his nephew Mushtak and one other person armed with dandas came towards Hakim Khan and attacked him. Mustak and one other person gave Hakim Khan danda blows while appellant stabbed him with chhuri several times. In the meantime complainant Abdul Aziz and witnesses Abdul Rashid, Ahmed Bux and Haji Sami Khan and others, who were residents of nearby quarters, rushed to the spot and rescued Hakim Khan from further assault. Appellant and his companions thereafter made good their escape along with their weapons. Injured Hakim Khan was brought to the Jinnah Hospital by P. W. 2. Abdul Aziz Khan complainant and Haji Sami Khan. Such telephonic message was received at Frere Police Station on the same day at 8.40 p.m. And entry was made in Roznamcha by Riasat Ali, :Incharge of the Police Station, who…

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