| Citation(s) |
|---|
| 1973 SLG 357 1973 SLD 357 1973 PCRLJ 149 |
Sindh High Court
Criminal Appeal No. J-301 of 1970, 13th July, 1971
KHUDA BAKHSH MARRI, J
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Criminal Appeal No. J-301 of 1970, 13th July, 1971
KHUDA BAKHSH MARRI, J
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Shukar Ali
VS
The State
Law:
Section:
Keywords: Evidence, Order, Division, Parties, Offences, Examination, Defence, Enhancement, Land, Inter Se, Payment, Dispute, Grievous Hurt, Fine, Place, Poisoning, Prosecution, Certificate, Petition, High Court, Trial Court, Assault, Conviction, Property, Disposed Of, Determination, Information, Custody, Copy, Prosecutor, Plea, Prohibit, Care Result: Appeal dismissed JUDGMENT This Jail Appeal has been filed by Shukar Ali son of Rahim Bux against the judgment of Abdul Ghafoor Shaikh, Additional Sessions Judge, Tharparkar at Sanghar, dated 15-5-1970, by which he has been convicted under section 325, P. P. C. And sentenced to two years' R. I. And fine of Rs. 200 or in default of payment of tine to suffer R. I. For three months. 2. Brief facts of the case are that the present appellant and one Mst. Mahmooda Begum alias Mst. Mends wife of Mukhtar Ahmed deceased resident of Chak No. 24, Taluqa Sinjhoro. District Sukkur were committed for trial in the Court of Additional Sessions Judge, Tharparkar at Sanghar for offences under section 302/34, P. P. C. For the murder of one Ali Mohammad. On 15-11-67, Hassan Mohammad filed an F. I. R. At Police Station Sinjoro District Sukkur at 16 hours, to the effect that some two years ago his aunt Mst. Mends and the present appellant Shukar Ali had poisoned his uncle Mukhtar Ahmed, as a result he died. Both these persons were challaned in the Court for the offence but they were later on acquitted. Mst. Mends had developed relations with appellant this was resented by him and his father Ali Mohammad. His father used to complain to him that appellant used to abuse and threaten him that if he would come now at 24 Jamrao, he will be killed. On 14-11-67 when he came from the fields to his house and enquired from his wife Mst. Bashiran about his father, he was told that he has gone to 24 Jamrao. In view of the threat of the appellant to his father he left for Sanghar and from there hired a taxi and reached 24 Jamrao at about 3-30 a.m. And he found his father Ali Mohammed and appellant in the house of Mat. Mends. He also slept there. At about 5-30 a.m. When his father went to mosque for prayer from where he returned by 6 a.m., when…
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