Law:

Section:

Keywords: Necessity, Place, Common Object, Order, Death Sentence, Set Aside, Examination, Outrage, Assault, Modesty, Recording, Maintain, Grievous Hurt, Intervention, Evidence, Prostitution, Parties, Unlawful Assembly, Variation, Confirmation, Fine, Conviction, Recovery, Defence, Commission, Proceedings, Prosecution, Good Faith, Unlawful, Production, Abscondence Result: Appeal allowed JUDGMENT GHULAM RASOOL K. SHAIKH, J.--This is an appeal against the judgment of the. Learned Additional Sessions Judge, Hyderabad, convicting appellant Siraj for an offence under section 302, P. P. C. And sentencing him to death and further convicting the remaining appellants for an offence under sections 326/147 and 149, P. P. C. And sentencing them to undergo R. I. For 7 years and pay a fine of Rs. 200 or in default to undergo R. I. For 2 months. These appellants were also convicted for an offence under section 148, P. P. C. And sentenced to undergo R. I. For 6 months. The sentences were ordered to run concurrently. On account of the death sentence passed against Siraj appellant his case was also referred to this Court under section 374, Cr. P. C. The incident took place on 6-11-69 at about 10-15 p. m. Near the shop of Qamardin at Prince Ali Khan Road, outside brothel at Hyderabad, and the first report was lodged by Waryam at 10-30 p. m. At Market Police Station situated at a distance of one furlong and it was recorded by Mr. Abdul Majid, A. S, I. P In this incident 5 persons, namely, Mir Khan, Mashooq Ali, Aiman Ali, Aligohar and Mst. Salamti were injured and out of them Mir Khan had died. The parties are closely related to each other and lived in the brother at Hyderabad, as they were carrying on the profession of prostitution. Mir Khan, Ali Gohar and Aiman Ali are sons of Mst. Salamti who is Waryam's sister's daughter. Mashooq Ali is son of Waryam while Mohamed Rashid is cousin of Mir Khan. Mst. Shame and Mst. Parveen are daughters of Waryam while Mst. Gulzari and Mst. Sarwar are daughters of Mst. Salamti Appellant Siraj, Achi, Yacoob and Mubarak are brothers filter se while Mst. Khurahid is their sister. Appellant Siraj used to harass the daughters of Waryam and Mst.…

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