| Citation(s) |
|---|
| 1972 SLG 790 1972 SLD 790 1972 PCRLJ 58 |
Sindh High Court
Criminal Appeal No. 320 and Confirmation Case No. 41 of 1970, 9th June, 1971
ABDUL KADIR SHAIKH AND IMDAD ALI H. AGHA, J
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Criminal Appeal No. 320 and Confirmation Case No. 41 of 1970, 9th June, 1971
ABDUL KADIR SHAIKH AND IMDAD ALI H. AGHA, J
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Muhammad Siddique
VS
The State
Law:
Section:
Keywords: Exchange, Death Sentence, Testimony, Investigation, Conviction, Prosecution, False Statement, Evidence, Examination, Restoration, Plea, Assault, Benefit Of Doubt, Consequences, Defence, Information, Determination, Confirmation, Dispute, Recording, Apprehension Result: Appeal dismissed JUDGMENT Abdul Kadir Shaikh, J.-The appellant, Muhammad Siddique son of Jalaluddin Sindhoo, aged 26 years, was convicted by the Additional Sessions Judge, Tharparkar at Sanghar, under section 302, P. P. C., and has been sentenced to death. The case is before us for the confirmation of the death sentence and also by way of an appeal from the convict. 2. The prosecution briefly stated is that Mst. Inayat Bibi daughter of Fateh Muhammad was firstly married to the appellant who after some time divorced her and then she was married to deceased Muhammad Hussain with whom she lived for about two years. Subsequently, her mother Barkat Bibi persuaded her to return to the appellant as he is the son of her husband's sister. About one and a half years thereafter, first Martial Law was imposed in the country and the deceased filed a complaint to the Martial Law authorities against his father-in-law Fateh Muhammad for the restoration of his wife. The dispute was settled between them on Fateh Muhammad giving in exchange his second daughter Mst. Shamim Akhtar to the deceased in marriage. The grudge between the appellant and the deceased, however, continued due to the controversy over Mst. Inayat Bibi which, according to the prosecution, was the motive of his murder in the present case. 3. On the day of the incident, 3rd October 1969, the deceased took his wife and two minor children from the house of his brother Muhammad Anwar, situated in Shahdadpur, to meet his father-in-law who used to live in Chak No. 4, Deh Khadwari. According to the version of his wife at the trial, as soon as they entered the house at about 4-30 p.m., the appellant who was already there gave lathi blows to her husband as a result of which he fell down. On her cries P. W. Bashir Ahmad, a neighbour, who was passing by, came inside the house and he caught hold of the appellant along with his lathi. It may be stated…
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