Law:

Section:

Keywords: Presumption, Defence, Registered, Benefit Of Doubt, Magistrate, Examination, Private Defence, Apprehension, Trial Court, Consultation, Offer, Imprisonment, Testimony, Copy, Guilty, Abscondence, Land, Recovery, Conviction, Parties, Plea, Dispute, Dying, Contentions, Petitioner, Inter Se, Right Of Defence, Exception, Claims, Call, Grievous Hurt, Practice, Confirmation, Prosecution, Information, Set Aside, Grazing, Production, Order, Discharge, Place, Evidence, Possession, Cross-Examination Result: Appeal accepted JUDGMENT Muhammad Haleem, J.-Appellants Muhammad Bux, Abdul Haq, Abdul Ghafoor, Abdul Karim, Abdul Majid, Jehan Khan, Saleh, Dilijan and Yaqub were tried for the murders of Muhammad Siddiq, Ayub and Kewro and were convicted under section 302 read with section 149, P. P. C. and section 148, P. P. C., on the first count each of them was sentenced to death and on the second to two years' rigorous imprisonment by the learned Sessions Judge, Larkana vide judgment dated 13th June 1970. They have appealed against their convictions while the learned Sessions Judge has referred the case for the confirmation of their death sentences. This judgment will dispose of both the appeal and the reference. 2. The prosecution case is that a little before sunset on 21st November 1968 while Gulab was standing in front of his house he heard gun-report coming from the site of "Qureshi water­course" followed by cries upon which he ran in that direction. Ali Bux also followed him and on reaching there, they saw the appellants and out of them Abdul Ghafoor, Abdul Majid and Abdul Haq were engaged in causing hatchet blows to Muhammad Siddiq while Dilijan, Abdul Karim and Jehan Khan were belabouring Ayub with their hatchets and Saleh and Yaqub inflicting hatchet blows on deceased Kewro who had run for some distance but was overtaken. Appellant Muhammad Bux, who was armed with a gun, challenged them not to come near them otherwise they would also be killed. Out of fear they remained behind till the appellants left the place of incident. In the meantime Wasayo had also come. They saw Muhammad Siddiq lying dead with gunshot injuries on his stomach and hatchet injuries on his…

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