Case Details

Citation(s)
1971 SLG 762 1971 SLD 762 1971 PCRLJ 229
Sindh High Court
Criminal Appeal No. 199 of 1967, 15th April, 1970
MUHAMMAD HAQAT, JUNEJO AND ABDUL KADIR SHAIKH, JJ

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Qaimuddin And 7 Others

VS

The State

Law:

Section:

Keywords: Leased Land, Receipt, Maintain, Presumption, Prosecution Witness, Commission Of An Offence, Possession, Trial Court, Examination, Common Object, Land, Unlawful, Consideration, Patwari, Offences, Benefit Of Doubt, Unlawful Assembly, Land Revenue, Place, Custody, Parties, Minutes, Prosecution, Commission, Testimony, Province, Information, Orders, Investigation, Theft, Conviction, Set Aside, Leave, Liability, Recording, Order, Defence, Evidence Result: Order accordingly JUDGMENT MUHAMMAD HAYAT JUNEJO, J. Appellants Qaimuddin .Son of Noor Mohammad,- Dana son of Qaimuddin, Shadi Khan son of Noor Mohammad, Jamaldin son of Imamdin, Ghulam Mohammad son of Imamdin, Ramu son of Megho, Nizamuddin son of Allah Bux and Tulla son of Moula . Bux have been convicted by the learned Sessions Judge, Tharparkar at Mirpurkhas and sentenced to transportation for life under section 302/149, P. P. C., R. I. For 12 months under section 148, P. P. C. And R. I. For to years for "offences under sections 325, 324 and 323 read with section 149, P. P. C." all the sentences to run' concurrently. 2. The facts leading to this appeal briefly are as follows. 'On 2-10-1966 at about 5-30 a. m. An incident took place in Blocks Nos. 60/1 and 4 of Deh Rahmore, Taluka Umerkot; in the course of which deceased Rehmat son of Boota lost his life and P. Ws. Yousuf,' Fazal Din arid Sadruddin: sustained injuries on the side of the complainant, while four out of the eight appellants, namely, Shadi Khan, Ghulam Muhammad, Jamaluddin. And Ramu also sustaiged injuries. The same morning at 7-45 a. m. Com plainant Manghar P. W. 4 lodged his First Information Report Exh. 15 at Nabisar Road out-post, wherein he described the prosecution version of the occurrence in the following words :- "I am resident of Nabisar Road Taluka Umarkot. I own land in Block No. 33, Deh Rahmore Taluka Umarkot. I am also "hari" of Dr. Iqbal. Today on 2-10-66, I had to take my turn of water which was to start from 5-30 a.m. To 9-30 a.m. Before me, was the turn of Rehmat. Today at about 5-30 a.m. I and my brother Fazaldin and Sadar alias Sadruddin went to take over turn of water from Rehmat. When we reached the crossing of Block No.…
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