| Citation(s) |
|---|
| 1973 SLG 404 1973 SLD 404 1973 PCRLJ 896 |
Sindh High Court
Criminal Appeal No. 224 and Confirmation Case No. 47 of 1971, 16th October, 1972
MUHAMMAD HALEEM AND I. MAHMOOD, JJ
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Criminal Appeal No. 224 and Confirmation Case No. 47 of 1971, 16th October, 1972
MUHAMMAD HALEEM AND I. MAHMOOD, JJ
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Beekho Alias Im Am Buk And 2 Others
VS
The State
Law:
Section:
Keywords: Evidence, Exception, Trial Court, Examination, Prosecution, Dispute, Recovery, Death Penalty, Petitioner, Place, Defence, Possession, Copy, Penalty, Grievance, Confirmation, Cross-Examination, Production, Land, Information, Severed, Magistrate, Recording, Conviction, Discharge, Death Sentence, Prejudice, Ownership, Parties, Testimony, Investigation, Period, Abscondence Result: Appeal dismissed JUDGMENT MUHAMMAD HALEEM, J. -Appellant Beekho, Bacho and Raheemoo, all by caste Shar, stand convicted under section 302 read with section 34, P. P. C. For the murder of Wahid Bux, by caste Mirbahar, and while Beekho was awarded the death penalty the other two were sentenced to transportation for life. They were, however, not convicted under section 201 read with section 34, P. P. C. Appellant Beekho was also acquitted of the charge under section 13-E of the Arms Act. They were tried and convicted as above by the learned Sessions Judge, Jacobabad, vide Judgment dated 3rd June 1971. The appellants have appealed against their conviction while the learned Sessions Judge has made a reference for the confirmation of the death sentence imposed on appellant Beekho. This Judgment will dispose of both the appeal and the reference. 2. According to the prosecution case, while Loung and his brother Wahid Bux were sitting in the house a day before the, incident which occurred on 17th July 1969, the appellants came to their house, to which they objected, which annoyed the appellants and while leaving the house they administered a threat in 'the following words: "You are Mirbahar by caste and prevent us from the house; it will not be better". On the day of incident, i. e. 17th July 1969, Loung and Wahid Bux were proceeding a little before sunrise on their bullock cart for cutting grass and as they reached the uncultivated land of Khair Muhammad Shar, the appellants emerged from a jungle, of whom Beekho was armed with a gun while the others had hatchets. They came infront of the bullock-cart. Appellant Beekho after challenging them fired his gun at Wahid Bux, who fell down from the cart and some stray pellets also struck one of the bullocks. Loung thereupon raised cries which…
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