Law:

Section:

Keywords: Liability, Place, Parties, Refusal, Private Defence, Guilty, Evidence, Common Object, Survey, Disclose, Dying, Recording, Examination, Modification, Set Aside, Prosecution, Conviction, Land, Fine, Imprisonment, Defence, Inter Se, Proceedings, Grazing, Criminal Liability Result: Order accordingly JUDGMENT This is an appeal against the judgment of Sessions Judge, Dadu convicting the appellants for an offence under sections 148, 304, -326 and 323/149, P. P. C. And sentencing them to undergo various, terms of imprisonment and fine. The incident had takers place on 18th November 1965 at noon in the land of Pathan Jaskani in deh Chalo taluka Mehar, District Dadu. In this incident Ahmed Khan was killed while Allahwarayo and Muhammad .Had sustained injuries. The first report was lodged by Allahwarayo on the same day at 4-30 p. m. At Mehar Police Station situated at a distance of about 10 miles and it was recorded by Mr. Fazal Hussain S. H. O. The parties lived at a distance of about half a mile from each other as well as from the scene of offence. Allahwarayo and Muhammad are brothers of deceased Ahmed while Allahdino and Dost Muhammad are their caste-fellows, and co-villagers. Appellants Dadan, Kundho and Buxal are brothers inter se, while Minhoon and Mohib are their nephews. The complainant is Chandio by caste while the appellants are Jaskani by caste. There is no history of enmity between the parties. On 18th November 1965 at about noon Ahmed deceased was grazing his buffaloes at a place which according to the prosecution was: the uncultivated land of Siddiq while Allahwarayo and Muhammad were thrashing corn nearby. It is said that at that time the present appellants appeared, appellant Dadan and Buxal had guns while the remaining appellants had hatchets. They prevented Ahmad from grazing cattle there on the ground that they were likely to damage the crop standing in their field which was nearby. Ahmed refused whereupon appellant Dadan fired two shots at Ahmed who on receiving it fell down. Allahwarayo and Muhammad intervened but they were given hatchet blows. Allahdino and Dost Muhammad arrived and witnessed the incident. Thereafter the appellants ran…

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