MAHFOOZ ALI vs Thb STATE — 1972 PCRLJ 1261

Citation: 1972 PCRLJ 1261

Court: Sindh High Court

Year: 1971

Decision Date: 1971-11-09

Parties: MAHFOOZ ALI vs Thb STATE

Headnotes

Case cited as 1972 PCRLJ 1261

Judgment Text

Court Name: Sindh High Court Judge(s): Abdul Qadir Sheikh, Imdad Ali H. Agha Title: MAHFOOZ ALI vs Thb STATE Case No.: Criminal Appeal No. 450 of 1970 and Confirmation Case No. 19 of 1971 Date of Judgment:1971-11-09 Reported As: 1972 PCr.LJ 1261 Result: Appeal allowed JUDGMENT JUDGMENT Abdul Kadir Shaikh, J.--Appellant Mahfooz Ali son of Sved Mahmood Ali, aged 23 years, was tried along with co- accused, Dost Mohammad and Muhammad Ilyas, for the murder of Nazeer Ahmad, driver of Bus No. KAU 9422, when he reached Old Exhibition Bus-stop, Karachi, at 5-30 p.m. on 7th of January 1969. Whereas appellant was found guilty and sentenced to death, under section 302, P. P. C., the co-accused were given the benefit of the doubt and were acquitted by the Additional Sessions Judge, Karachi. The case has come up before us for the confirmation of the death sentence, and on an appeal filed by the convict. P. W. Muhammad Nawaz, Traffic Constable No. 5845, was on duty at the Bus-Stop at the relevant time, and he witnessed the occurrence. This is how he described it at the trial: "At about 5-30 p.m. one Bus KAU 9422 came from Boulton Market side and was for Guru Mandir side. It was waiting at the Bus-Stop of Old Exhibition. Passengers were getting out and getting to the bus. The bus was to move while I was on duty at a distance of about 20 paces from the bus. I was busy in controlling the traffic and pedestrians. A jeep passed from there and stood in front of the bus, I had seen 3 or 4…

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