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Penal Code (XLV of 1860), S. 302-Ocular testimony of witnesses corroborated by recovery of deceased's articles from accused-Conviction, in circumstances, held, proper. ORDER WAHEEDUDDIN AHMAD, J.-The petitioners, along with one Hasoo alias Ghulam Hussain, were tried by the learned Additional Sessions Judge, Dadu, for offences under section 1 8/302 read with sections 149, 409/149 and 307/149, P. P. C. for the murder of deceased Shamsuddin and attempted murder of P. W. Qamaruddin. They were sentenced to death, 5 years, 2 years and one year's R. I. respectively. The petitioners and co-accused Hasoo filed an appeal in the High Court of Sind & Baluchistan, Karachi. The appeal of the petitioners was dismissed and the appeal of co-accused Hasoo alias Ghulam Hussain, was accepted, by judgment dated the 20th June 1973. The petitioners seek permission to file an appeal against the said judgment. The prosecution case is that deceased Shamsuddin, who was the brother of the complainant, was posted as Tapedar at Tapo Pathra, Taluka Naro. He had come to home on Idd day. On the 27th February 1969, at about noon time, Shamsuddm went to pay Idd greetings to Rais Ahmad Bux Tago in his village on his scooter. The complainant also went on his cycle to pay Idd greetings to Rais Ahmad Bux Tago. On the way about 1¼ miles from his village. he saw his deceased brother Shamsuddin return­ing from there and while he was 1 50 paces away, he saw Ghulam Hussain Khaskheli, Hasoo alias Ghulam Hussain, Bachal, Ramzan and Manik coming in front of him. Ghulam Hussain Khaskbeli was armed with a double-barrel gun, Hasoo had a pistol and other three carried hatchets. Ghulam Hussain Khaskheli fired two shots at the deceased who fell down from the scooter. Those armed with hatchets gave him hatchet blows. In the meantime, Qamruddin challenged them whereupon, Hasoo fired his pistol at him but the shot went astray and he thereupon raised cries of "murder, murder" which attracted passersby namely,…

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