Law:

Section:

Keywords: Payment, Set Aside, Trial Court, Evidence, Consideration, Place, Criminal Liability, Fine, Conviction, Rent, Exception, Prosecution Witness, Practice, Liability, Change, Prosecution, Imprisonment, Information, Modification, Order, Imposition, Custody, Leave, Investigation, Examination, Certificate Result: Appeal dismissed JUDGMENT This appeal under section 410, Cr. P. C. Is directed against Judgment of Mr. Abdul Jabber Bachani, Vth Additional, Sessions Judge, Karachi, dated 29-1-1973, whereby he convicted the appellant under section 304, Part 1I, P. P. C. For culpable homicide not amounting to murder of his uncle Abdul Rehman and sentenced him to 10 years' R. I. And a fine of Rs. 2,000 in default of payment of fine and further one year R. I. 2. The facts briefly are that deceased Abdul Rehman and Abdul Ghafoor and Ali Hussain were brothers, they used to reside in common Quarter No. 280/2 Liaquatabad, Karachi. It was again divided into to portions, one portion was occupied by Ali Hussain and Abdul Ghafoor and the other by Abdul Rehman. Admittedly their womenfolk constantly used to quarrel. On 14th May, 1968, it is alleged that wife of Abdul Ghafoor accused Abdul Rehman that he was carrying on illicit relations with his own daughter Mst. Tahera which annoyed Abdul Rehman who informed his brother Abdul Ghafoor to tell his wife not to spread scandal. On this both brothers picked up a quarrel, exchanged harsh words but they were however separated by neighbours, Rashid Ali, Azizuddin, Moosa Khan, Bandoo Khan and Rehmat Bibi. On the same evening again quarrel started between to br qthere when they were separated by neighbours and Abdul Rehman returned to his Pan Shop which was adjacent to shop of Abdul Ghafoor. Appellant Mahboob Alam son of Abdul Ghafoor, nephew of deceased however came from behind with ice crushing (danda) and gave blow on head of Abdul Rehman who was sitting in shop. This solitary injury resulted in his death in Civil Hospital, Karachi on 15-5-1968. 3. It may be stated when Abdul Rehman received injury he was taken to Civil Hospital, Karachi, from there to Jinnah Hospital. He was unconscious therefore, hic statement could not be recorded.…

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