Law:

Section:

Keywords: Prosecution, Place, Examining Doctor, Consideration, Fine, Attempt To Murder, Defence, Leave, Investigation, Production, Modification, Order, Dispute, Examination, Conviction, Evidence, Attachment, Set Aside, Recovery, Testimony, Cross-Examination, Plea, Failure, Prosecution Witness, Imprisonment, F.I.R, Copy Result: Appeal dismissed JUDGMENT MUHAMMAD HALEEM, J. -One common judgment will suffice for dis posing of Criminal Appeals 48 and 52 of 1973 as they arise out of the same order of conviction dated 31st January, 1973 passed by the learned Sessions Judge, Karachi. In Criminal Appeal No. 48 of 1973 Muhammad Younas is the appellant while in the other appeal the appellants are Khurshid Khan and Syed Nawab Ali. They were tried for the murder of Shabbir Ahmad and for attempted murder of Faizyab, his son. On the first charge they were convicted under section 302 read with section 34, P. P. C. And sentenced to transportation for life while on the second, they were convicted under section 307 read with sec tion 34, P. P. C. And sentenced to three years' rigorous imprisonment. They have filed these appeals to impugn their conviction. 2. The incident occurred at 8-30 p. m. On 6th September, 1969 in 61-G area, near Liaquat Market in Malir Colony. The deceased and the injured lived in House No. 364/6, not far from the place of incident. The appellants also resided in the same locality. It is the case of the prosecution that at the stated time, Faizyab came out of the house and proceeded towards Abubakar's hotel and near it he saw Younas slapping his uncle, Shafi Ahmad, who was going along with Latif. Faizyab asked Younas as to why he has slapped his uncle, upon which Younas abused him. In the meantime Khurshid and Syed Nawab Ali, who resided nearby, also came there and seeing them Younas shouted "catch hold of him" and he would "finish him today" as he does not abstain from visiting Majid's house. All the three thereupon started beating him. Younas and Syed Nawab Ali Shah were unarmed but Khurshid took out a knife from the right pocket of his pant and stabbed him on his right hip while the two other caught hold of him. Faizyab then raised cries, on which his…

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