Law:

Section:

Keywords: Order, Dispute, Service Of Summons, Assault, Evidence, Magistrate, Information, Cross-Examination, Place, Summons, Examination, Procedure, Conviction, Registered, Custody, Government, Defence, Trial Court, Prosecution, False Statement, Exchange, Appeal Against Judgment, Testimony, Recovery, Imprisonment, Dying, Failure Result: Appeal dismissed JUDGMENT G. M. SHAH, J.-The appellant Mohammad Yamin (28) was sentenced :o imprisonment for life under section 302, P. P.. C, by the learned Additional Sessions Judge, Karachi on a charge of committing the murder his uncle Abdul Aziz. The appellant has preferred the appeal against judgment of conviction and. Sentence. The appellant was not awarded the capital sentence of death as it was random meeting between the appel lant and the deceased, and also that the appellant had remained in custody, as an under trial prisoner for about 5 (five) years and further that the appellant had only desired that his sister should go back to her husband. 2. The prosecution case, briefly is that Mgt. Sakina (P. W. 1) is the wife of deceased Abdul Aziz. Mst. Zarina is the sister of the appellant, who is nephew of the deceased. Mst. Zarina was married to one Lalu, about to years prior to the date of occurrence. Due to a dispute between lust. Zarina and her in-laws the appellant and his father, Abdul Ghani, had brought Zarina to the house of the deceased, after three days of her marriage. The appellant also stayed with the deceased for about six months. The in-laws of Mst. Zarina approached the deceased for taking her back, but she had refused. About eight days before the occurrence, the appellant asked the deceased to send Mst. Zarina back to her husband's house, to which the deceased had no objection provided Mst. Zarina was willing to go. The appellant, how ever, continued pressing the deceased to send Mst. Zarina back to her husband but she was not agreeable. Over this, there was exchange of hot words between the appellant and the deceased. 3. On 4th July, 1970, at about 9 a.m., the deceased alongwith some others had attended the Court No. VII in New City Court building on the first floor in a gambling case against them. He and…

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