Law:

Section:

Keywords: Call, Evidence, Prosecution Witness, Common Object, Illegal, Instances, Place, Commission, Failure, Disposal, Investigation, Impugned Order, Offences, Order, Attempt To Murder, Assault, Prosecution, Proceedings, Set Aside, Joinder, Subsidiary, Division, Procedure, Consideration Result: Application dismissed JUDGMENT This is a revision application under section 439, Cr. P C, seeking the impugned order dated I4th March, 1979, passed by the learned ex officio Additional Sessions Judge, Hyderabad to .Be set aside. 2. The appellant is facing trial for offences under section 302/307, P. P. C. At present pending disposal in the Court of the learned Ex-officio Additional Sessions Judge, Hyderabad: The prosecution version is that the applicant is related to the complainant Ghulam Hussain and resides in the same village Sometimes before the occurrence, P. W. Aagedino had filed a case against the applicant and his brothers, under section 107/117, C r. P. C. One day before the occurrence, applicant was allowed bail, in that case whereas the bail of his three brothers was cancelled. The applicant had suspected that the to deceased, namely, Dilawar and his brother Parial, were instrumental in getting their bail cancelled. He was, on that account, very much annoyed at the to deceased. 3. On the day of occurrence (23rd December, 1973) at about 7.30, in the morning, when deceased Dilawar; who was living in a separate house, nm his brothers, the deceased Parial and complainant Ghulam Hussain was going towards the City, while riding on his scooter, the applicant had, suddenly, come out from the bushes. Where he was hiding and fired at the deceased Dilawar, from the pistol. The applicant was challenged by P. W. Aagedino. The applicant ran after P. W. Aagedino and fired at him but the shot missed him. Since deceased Dilawar was hit on his face and neck he fell down from his scooter and was found dead. After killing the deceased Dilawar, the applicant reached the house of Ghulam Hussain, where he found both, the complainant and his brother deceased Muhammad Parial, having their breakfast, in the house, where they were living together. He gave a call to deceased Mohammad…

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