Law: Pakistan Penal Code (XLV of 1860)

Section: 302

Law: Criminal Procedure Code (V of 1898)

Section: 374

Keywords: Language, Defence, Death Sentence, Production, Recovery, Guilty, Private Defence, Order, Exception, Confirmation, Set Aside, Liability, Possession, Minutes, F.I.R, Magistrate, Examination, Right Of Defence, Investigation, Prosecution, Place, Exchange, Cross-Examination, Information, Claims, Consideration, Description, Assault, Plea, Recording, Conviction, Necessity, EvidenceResult: Appeal partly acceptedJUDGMENT NAZIR AHMAD MAHMOOD, J.-Muhammad Azram accused was tried under section 302, P. P. C. by Additional Sessions Judge, Karachi for the murder of Ashfaq Ali deceased on 9th of December 1964 at about 5-30 p. m., in Chamkani Hotel, Sher Shah, Karachi. The learned Sessions Judge convicted the appellant under section 302, P. P. C. and sentenced him to death. Muhammad Azram accused has now come up in appeal to this Court against the above-mentioned order dated 16-5-1967. The learned Additional Sessions Judge has also referred the case to us under section 374, Cr. P. C. for the confirmation of death sentence. This judgment will dispose of the criminal appeal as well as the murder reference. 2. The prosecution case briefly is that the appellant resided m Miskeen Hotel in Sher Shah while Ashfaq Ali deceased ran a restaurant called Chamkani Hotel. On 9-12-64 the appellant came to Chamkani Hotel at 12 noon and had some talk with Ashfaq Ali deceased. Half an hour later Ashfaq Ali left the hotel. The appellant again came to the Hotel at about 5-O0 p. m. and enquired from Khawaj Muhammad (P. W. 7), the baker of the restaurant as to where Ashfaq was. Khawaja Muhammad told him that Ashfaq would be coming back soon. Thereupon, the appellant left the restaurant and again returned thither at about 5-30 p. m., when Ashfaq was present at the Hotel and was attending to a gas lamp. On his arrival the appellant remonstrated with Ashfaq Ali for his having described him as a catamite. His angry remonstrance resulted in exchange of foul language between the two persons. While this abusive alterca tion was going on, the appellant brought out a chhuri from the fold of his Shalwar and started attacking Ashfaq deceased with it. He struck Ashfaq twice on the chin and…