Law:

Section:

Keywords: Inter Se, Place, Plea, Land, Mutation, Trial Court, Consultation, Prosecution, Survey, Assign, Imprisonment, Examination, Fine, Evidence, Land Revenue, Description, Omission, Investigation, Cross-Examination, Lands, Precedent, Recording, Defence, Dispute, Merits Of The Case, Records, Discharge, Factum, Testimony, Conviction, Death Sentence, Revenue Record, Confirmation Result: Appeal dismissed JUDGMENT Muhammad Haleem, J.-Appellants Bagh Ali, Qalab Ali, Ghulam Nabi, Washlo and Ahmad Ali were tried for the murders of Ghulam Rasool and Jalal by the learned Additional Sessions Judge, Jacobabad, convicted under section 302 read with section 149, P. P. C. and each of them was sentenced to death and fine of Rs. 300 or in default to suffer rigorous imprisonment for one month vide judgment dated 29th February 1970. Appellants Qalab Ali, Washlo and Ahmad Ali were further convicted under section 13 (d) of the Arms Act and each of them sentenced to two years' rigorous imprisonment. The learned Additional Sessions Judge has referred their case for the confirmation of the death sentence while they have appealed against their conviction. This judgment will dispose of both the reference and the appeal. 2. The report of the incident was lodged by Shahmurad at 11 a.m. on 16th October 1967 at Police Outpost Dodapur, which is 4 miles away. According to the prosecution case while Ghulam Rasool and Jalal were ploughing survey No. 59, Shahmurad ploughing his own land 200 paces to the south of this survey number and Hadibux and Iqbal ploughing their land which was petty survey number of survey No. 59, they heard gunshots. The first to arrive was Shahmurad who saw appellants Ahmad Ali, Washlo and Qalab Ali armed with guns and Bagh Ali and Ghulam Nabi with hatchets and after bring shots at the two deceased those armed with hatchets inflicted blows with it on Ghulam Rasool. Hadibux and Iqbal also arrived there and saw the incident. The appellants then made good their escape. However, no motive was alleged and Shahmurad specifically stated that the appellants "had no revenge to take from us." He described the appellants to be his caste fellows and stated that they resided…

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