| Citation(s) |
|---|
| 1973 SLG 366 1973 SLD 366 1973 PCRLJ 334 |
Sindh High Court
Criminal Appeal No. 353 of 1971, 3rd January, 1973
ABDUL HAQEE KURESHI AND DORAB PATEL, JJ
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Criminal Appeal No. 353 of 1971, 3rd January, 1973
ABDUL HAQEE KURESHI AND DORAB PATEL, JJ
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Kaloo And 2 Others
VS
The State
Law:
Section:
Keywords: Investigation, Delay, Premises, Inter Se, Appearance, Registered, Benefit Of Doubt, Place, High Court, Testimony, Apprehension, Death Sentence, Prosecutor, Magistrate, Commission, Consideration, Examination, Grievance, Evidence, Defence, Information, Parties, Permission, Guilty, Assault, Division, Conviction, Recovery, Production, Cross-Examination, Evaluation, Minutes, Inquiries, False Evidence, Publication, Prosecution, Discretion, Confirmation Result: Order accordingly JUDGMENT ABDUL HAYEE KURESHI, J.-The three appellants namely Kaloo son of Abdul Majid, Hamzo son of Mohd. Malook and Ali Mohd. Son of Ghulam were tried by the Additional Sessions Judge, Larkana on .a charge under section 302/34, P. P. C. Each one of the three appellants were found guilty of the said offence and sentenced to death. The appellants have filed an appeal through Mr. Mohd. Hayat Junejo, Advocate, who has represented them before us, whereas Mr. Manzoor Hussain has appeared for the State. The Additional Sessions Judge has also referred this case under section 374, Cr. P. C. For confirmation of the death sentence imposed on the appellants. The prosecution story briefly is that the three appellants are related inter se. Appellant Hamzo is a second cousin of appel lant Kaloo, whereas appellant Ali Mohd. Is the first cousin of appellant Kaloo. The evidence discloses that Ghulam, the father of appellant Ali Mohd. Had been murdered and Mohd. Saleh, the deceased in this case was tried on the said charge but acquitted. It is, therefore, said that the three appellants had a grievance against deceased Mohd. Saleh and have for that reason caused his death. 3. The incident in this case occurred on 9-2-1971 at bipahari time on the public road going from Dokri Town to Mohanjodaro Railway Station. The actual place of the murder is said to be near a Rice Mill of one Devandas. I may state that bipahari time in the beginning of the month of February would correspond to the time between 1-00 and 2-00 p.m. The report in regard to the incident was lodged on the same day at Dokri Police Station at 3-30 p .m. The evidence establishes that the Police Station is situated at a distance of two…
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