Case Details

Citation(s)
1979 SLG 1503 1979 SLD 1503 1979 PCRLJ 590
Sindh High Court
Criminal Appeals Nos. 277 of 1977 and 46 of 1978, 01/10/1979
Z.A. CHANNA AND SAJJAD ALI SHAH, JJ

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Gopal

VS

The State

Law: Arms Ordinance, 1965

Section: 13(d)

Keywords: Punishment, Evidence, Notification, Imposition, Set Aside, Illegal, Benefit Of Doubt, Imprisonment, Examination, Consideration, Juvenile Offender, Place, Contravention, Possession, Provisions, Assault, Conviction, Practice, Register, Merits Of The Case, Prosecution, Information, Proceedings, Certificate, Negligence, Failure, Order, Investigation, Government, Recovery, Dispute Result: Appeal accordingly JUDGMENT Z. A. CHANNA, J. -The appellant has been convicted by the learned Additional Sessions Judge, Karachi, by his judgment delivered on 29th September, 1977, of an offence under section 302, P. P. C. For committing murder of his relation, Nathan son of Jivan, and has been sentenced for the said offence to imprisonment for life. The appellant has been separately convicted under section 13(d) of the Arms Ordinance and has been sentenced to R. I. For six months. This judgment will dispose of the appeals in both the cases. The prosecution case, shortly stated, is that on the night intervening between 29th and 30th May, 1974, at 22.55 hours on Kanji Street, Ranchore Lines, in front of the hotel of one Faqir Mohammad there was an altercation in consequence of which the appellant is said to have stabbed deceased Nathan with a knife causing two injuries to him in the side and in the chest as a result of which he died in the Civil Hospital the same night at 2 a.m. The incident is said to have been witnessed by Kishan son of Bhaiji, Yaseen son of Abdur Rehman and Nisar son of Haji. The first report in the case was lodged by Kishan at Nabi Bux Police Station at 01.00 hours on 30-5-74. However, earlier at 23-5 hours on 29-5-74, a telephonic message had been received from Doctor Ghulam Rasool of the Civil Hospital, at the Nabi Bux Police Station, to the effect that Nathan son of Jiva, who had received injuries in a quarrel, had been brought to the Civil Hospital by Gopal son of Jiva (appellant) and some officer should be sent for action. This information was entered in the daily station diary of Nabi Bux Police Station. Similarly, the information of the death of Nathan at 02-0 hours was also entered in the station diary of that Police Station. The same nigh, at…
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