Law:

Section:

Keywords: Prosecution, Exchange, Lands, Evidence, Water Course, Dying, Testimony, Alteration, Information, Parties, Place, Recording, Confirmation, Recovery, Possession, Consideration, Land, Presumption, Seizure, Order, Claims, Examination, Investigation, Inquiries, Theft, Conviction, Cross-Examination Result: Order accordingly JUDGMENT Muhammad Ali Sayebd, J.-The appellant has been convict­ed by the learned Additional Sessions Judge, Larkana under section 302, P. P. C. for the murder of Sher Khan son of Jalal and sentenced to death by his judgment dated 12th of June 1970. This judgment of conviction and sentence has come up be­fore us for confirmation. The appellant has also appealed against the same. 2. Deceased Sher Khan is the maternal uncle of the appel­lant. The lands of the appellant as well as of P. Ws. were situated in deli Bhangwar Acha and drew water from a common water­course, fed by Gul canal in taluka Warah. 3. P. W. Mazan who is the brother of deceased Sher Khan had his own land in deh Minhan Kahi, which was at a distance of about a mile from the wardat of the crime. On the morning of 6th July 1969 Mazan was on his land when his cousin Suhno came up to him at about 10 a.m. and informed him that he (Suhno) and his uncle Sher Khan were ploughing the land when Sher Khan left telling Suhno that he would go and open the water. It would appear that appellant Maula Bux had diverted the water to his own lands. On reaching the water course deceased Sher Khan asked the appellant as to why he had stopped the water. An argument ensued between them and the two abused each other. The appellant is said to have fired his gun at Sher Khan which struck him on his left forearm and other parts of his body. On the cries raised and the gun report Ghulam Rasool Khoso and Makhan the father of Suhno went running to the scene of occurrence. The appellant seeing them coming ran away with his gun. On receiving this information from Suhno P. W. Mazan accompanied him to the wardat and found Sher Khan lying on the bank of the canal with his injuries bleeding. He appeared to have received gunshot injuries on his left forearm and stomach. On inquiry Sher Khan who was still…

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