Law:

Section:

Keywords: Prosecution, Set Aside, Dying, Evidence, Information, Recovery, Examination, Cross-Examination, Grievance, Disposed Of, Claims, Trial Court, Extra-Judicial Confession, Call, Investigation, Period, Minutes, Defence, Possession, Place, Benefit Of Doubt, Conviction, Notice, Order, Care Result: Appeal allowed JUDGMENT GHULAM SAFDAR J. This appeal is directed against the judgment of learned Session Judge, Larkana dated 24-8-1968 by which, the to accused, namely, Ali Nawaz son of Din Muhammad Barijo aged 35 years and Khan Muhammad son of' Sultan Barijo aged 30 years have been convicted for an offence under section 302/34, P. P. C. For the murder of Nihal son of Mehar Khan aged 35 years and both of them sentenced to death. They have also been convicted for an offence under section 13-D of the Arms Act and each of them sentenced to to years' R. I. The case is also before us by way of reference under section 374, Cr. P. C. And by this judgment the appeal and reference both would be disposed of together. 2. Shortly stated the prosecution case is that at about mid night of 5-4-1967 the to accused, with common intention, murdered Nihal son of Mehar Khan as a result of gun fire in village Hussainabad Taluka Wara, District Larkana. The F. I. R. Of the incident was lodged at Wara Police Station, which is three miles away from the place of occurrence, by Muhammad-YaqoobP. W. 4 at 3-30 a.m. On 6-4-1967. It was recorded by S. H. O. Imam Din P. W. 9 and reads as follows :- "The complaint of the complainant is that I and my cousin and nephew deceased Nihal son of Mehar Khan Chuto all reside near adjoining houses 6-7 houses of Achar and other Barijo are adjacent to our houses in the East. We have visiting terms along with our families on marriage or death occasions. Last night there was marriage in Amir Bux Barijo's house. To help Amir Bux Gullan and deceased Nihal went-to his house after taking night meals. I was sleeping in my house, At midnight I woke up on gun reports coming from the house. Where the marriage was to take place. I, my brother Mooso and Abdul Karim Chhuto came out. We went running towards the direction from where we had heard gun reports. As we entered…

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