Law:

Section:

Keywords: Possession, Custody, Information, Set Aside, Commission, Disclose, Confirmation, Prosecution, Disposed Of, Defence, Patent, Conviction, Necessity, Cross-Examination, Delay, Recovery, Dying, Prosecution Witness, Minutes, Recording, Certificate, Examination, Place, Parties, Investigation, Death Sentence, Omission, Magistrate, Evidence Result: Appeal allowed JUDGMENT ABDUL HAYEE KURESHI, J. -The appellant Shahoo alias Shah Murad Shar was tried along with his brother Khairo Shar on a charge under section 302/34, P. P. C. By the Sessions Judge,. Khairpur Mirs. By a judgment dated 24-9-1971 the appellant was convicted under section 302, P. P. C. And sentenced to death whereas the co-accused Khairo was acquitted. The appellant has filed an appeal through Mr. Mohammad Hayat Junejo and the Sessions Judge has also referred the case to this Court for confirmation of the sentence of death. Both the appeal and the death reference are being disposed of by this judgment. 2. Briefly stated the facts are that appellant along with his brother Khairo had gone to the Makan of Bagh Fakir situated in village. Amb Fakir in Taluka Mirwah, District Khairpur on 3-8-1969. Deceased Tilloo was also there. I may point out that the said Makan was being used as a gambling house. It is then said that at about 9 p.m. The appellant and his brother Khairo left the Makan along with deceased Tilloo. After two or three minutes a gunshot report was heard which attracted Bagh, the keeper of the gambling house; Ibrahim, a relative of the deceased and several others. When Bagh reached the place from where the gun report had been heard he found deceased Tilloo lying on the ground having been injured by a pistol shot. Ibrahim also saw him in the same condition. Both these witnesses I e., Bagh and Ibrahim then state that they found Baghar, the brother of deceased Tilloo at the place where Tilloo was lying injured. The deceased as well as Baghar informed these witnesses namely Bagh and Ibrahim that while Rhairo was Walking along with deceased, Shahoo was following and Shahoo then fired a shot injuring Tilloo. Tilloo also gave the same information to these witnesses. Thereafter Jaffar Khan…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492