Law:

Section:

Keywords: Testimony, High Court, Claims, Division, Recovery, Magistrate, Examination, Seizure, Proceedings, Maintain, Parties, Place, Set Aside, Acceptance, Land, Prosecution, Cross-Examination, Benefit Of Doubt, Conviction, Production, Union Council, Evidence, Consideration Result: Order accordingly JUDGMENT Muhammad Ali Sayeed, J.-Appellants Gul son of Sabjal, Ramzan son of Khuda Bux, Abdullah son of Murad, Saeed Khan son of Muhabat and Muhammad Sharif son of Sohbat were tried by the learned Sessions Judge, Sukkur, for the murder of Kako son of Dur Muhammad and convicted under sections 302/ 149 and 148, P. P. C. Each of the appellents was sentenced to transportation for life under section 302/149, P. P. C. and two years' R. I. under section 148, P. P. C. The appellants have appealed against the said judgment of conviction and sentence. 2. The incident in question occurred on the 24th of February 1969 at about sun-rise time near the watercourse known as Mirza Wah in the land of Pir Bux situated in taluka Shikarpur District, Sukkur. Deceased Kako, it is alleged, had set out on the morning of the fateful day on his journey to Shikarpur for attending the Court of the Resident Magistrate, Shikarpur in connection with a case filed against him by some of the appellants. He had hardly travelled a short distance from his house when prosecution witnesses Manwath Kamber and Abdur Rehman as well as one Kandho (the last of whom has not been examined), heard cries from deceased Kako. They ran in the direction from which the cries came and witnessed the appellants delivering hatchet blows to Kako. Before they could reach to his side the appellants had fallen Kako and ran away carrying the crime weapons with them. Kako immediately succumbed to his injuries. Leaving the other eye-witnesses with the dead body of Kako, P. W. Kanwath proceeded to Rustam Police Station which was at a distance of 21 miles from the wardat to lodge the F. I. R. The F. I. R. (Exh. 6) was recorded by the S. H. O. Imam Bux (P. W. 7). He proceeded immediately to the scene of the crime reaching there within half an hour and found the dead body of Kako lying near the Mirza Wah in a pool of blood. He…

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