Law:

Section:

Keywords: Minutes, Evidence, Recording, Examination, Prosecution, Defence, Investigation, Death Sentence, Information, Registered, Magistrate, Confirmation, Place, False Evidence, Procedure, Abetment, Set Aside, Custody, Conviction, Cross-Examination, Severed, Disposed Of, Notice, Commission Result: Appeal accepted JUDGMENT S. A. MAHMOOD, J.-These two Criminal Appeals Nos. 388 of 1965 and 61 of 1966 are by Abdur Razzaq and Muhammad Hanif, who have been sentenced under sections 302 and 302/34, P. P. C., respectively, for the murder of Ghulam Jilani committed .On the 31st of December 1964 in the house of Zahur Alam in Fire Brigade Quarters, ,close to Urdu College, has been sentenced to death, and the latter to transportation for life. The case of the former is also before us under section 374, Criminal Procedure Code, for confirmation of the death sentence. The appeals and the reference will be disposed of by this judgment. Zahur Alam, Banaras and Muhammad Ilyas, who were tried along with them, were acquit. 2. The case for the prosecution is that the deceased Ghulam Jilani was murdered in the quarter of Zahur Alam situate in Fire Brigade Quarters of the K. M. C., Karachi. His dead body was dragged from the quarter to the open space, where in the presence of the witnesses, Abdur Razzaq ripped open the chest and stomach of the deceased, while Muhammad Hanif held his legs and tried to carry away his head when he was challenged and caught by the police. Abdur Razzaq was also captured at the spot. The prosecution produced Abdur Rahim (P. W. 1), Abdul Karim (P. W. 2), Muhammad Aslam (P. W. 3), Mir Alam Khan (P. W. 7), Saeed Hassan (P. W. 9), Sher Muhammad (P. W. 12), Badar Din (P. W. 14), Taj Muhammad (P. W. 15), Mst. Darveshan (P. W. 16) and Mirwal (P. W. 8) as eye-witnesses of the occurrence. Mirwal was merely tendered for cross-examination. Mst. Darveshan wife of Muhammad Aslam, denied all knowledge of the murder and the commission of the murder in the quarter of Zahur Alam, in which her husband Muhammad Aslam also resided. 3. As the version of these witnesses is not wholly consistent, it is necessary to state briefly the gist of their evidence one by one. 4. Abdur…

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