Law:

Section:

Keywords: Benefit Of Doubt, Recovery, Investigation, Delay, Copy, Prosecution, Fine, Defence Witness, Confirmation, Cancellation, Trial Court, Order, F.I.R, Care, Period, Dispute, Grievance, Cross-Examination, Consideration, Parties, Offer, Possession, Evidence, Defence, Testimony, Land, Call, Recording, Place, Magistrate, Examination, Information, Property, Payment, Conviction Result: Appeal allowed JUDGMENT ABDUL HAYEE KURESHI, J. -The three appellants namely Bilawal son of Naboo, Muhammad Sharif son of Naboo and Dur Muhammad son of Hote all Chachars by caste were tried before the Additional Sessions Judge, Sukkur for an offence under section 302/34, P. P. C. The Additional Sessions Judge by a judgment dated 30-9-1971 convicted appellant Bilawal under section 302, P. P. C. And sentenced him to death, sentence being subject to confirmation by this Court. By the same judgment appellant Muhammad Sharif and Dur Muhammad were convicted under section 302/34, P. P. C. And sentenced to transportation for life and also a fine of Rs. 1,000.00, in default of the payment of which further R. I. For one year. All the three appellants filed an appeal though Mr. Muhammad Hayat Junejo and the Additional Sessions Judge has also referred the case to this Court under section 374, Cr. P. C. For confirmation of the sentence of death. Mr. Abdul Karim Lakhan has appeared for the State. 2. Briefly stated the facts of the prosecution case are that appellant Bilawal and Muhammad Sharif are real brothers whereas the wife of appellant Dur Muhammad is said to be a cousin of the other two appellants. It is said that the appellants suspected that one Sahban, a nephew of deceased Habib Khan was on terms of illicit intimacy with Mst. Zainab, the wife of appellant Muhammad Sharif. In order to settle this dispute in regard to illicit intimacy a Jirga was held on 26-6-1969 at about 6 p.m. In the house of deceased Habib Khan. Such Jirgas are often held in mofussil when suspicions regarding illicit intimacy arise and in such Jirgas decisions are generally taken on Oaths of parties. In this case also it is said that deceased Habib Khan went and called P. Ws. Rahim Bux, Ellahi Bux and Sabar to…

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