Law:

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Keywords: Magistrate, Cross-Examination, Grazing, Investigation, Parties, Benefit Of Doubt, Examination, Leave, Prosecution, Defence, Dispute, Conviction, Order, Trial Court, Property, Evidence, Theft, Place, Registered, Custody Result: Appeal allowed JUDGMENT IMDADALLY H AGHA, J.-The appellant Imam Bux son of Yar Muhammad Khoso was tried by the learned Sessions Judge, Jacobabad and convicted under sections 396, P. P. C. And 13(d) of the West Pakistan Arms Act, 1965. He was sentenced to transportation for life under the former section and to one year R. I: under the latter section. The sentences were ordered to Run concurrently. The appellant has now appealed against his conviction and sentences. 2. The facts of the incident in which two persons were killed i.e. Awal Khair Atta Muhammad as stated by the complainant Pehalwan are these. Complainant Pehalwan owned 10-11 buffaloes. According to him he used to graze them himself. On 22-8-1964, the day of the incident, he was grazing his buffaloes in the jungle about two miles away from his village. At about time the present appellant accompanied by Abdul Razzaq, Ghulam Murtaza, Nehal, Motio, Arbab and Attur emerged from the jungle. Arbab was armed with a hatchet the others carried guns. All the 7 of them then started driving away the buffaloes of the complainant with a view take them away. The complainant challenged them on which se culprits started firing in the air. The complainant told the culprits that he would not allow them to take away his buffaloes and raised cries. The cries attracted deceased Atta Muhammad, Awa Khair, Moula Bux (P. W. 2), Lakhedino (P. W. 3) and who came up. Deceased Awal Khair had a hatchet others who came with him were empty-handed. All persons then came in front of the buffaloes of the com plainant to prevent them from being taken away but Abdul Razzaq and Attur fared their guns at Awal Khair and Atta Muhammad. Arbab also attacked Awal Khair deceased with chet but Awal Khair evaded the hatchet blow. Awal Khair gave a hatchet blow to the appellant Imam Bux and the low, according to the complainant, hit the appellant on his armen Attur arid Abdur Razzaq fired guns. Attur's gunshot hit…

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