Law:

Section:

Keywords: Evidence, Lands, Investigation, Prosecution, Omission, Order, Prosecution Witness, Call, Place, Trial Court, Benefit Of Doubt, Guilty, Examination, Set Aside, Conviction, Dispute, Cross-Examination, Liability, Death Sentence, Recovery, Land, Confirmation, Magistrate, Defence, Commission Result: Appeal accepted JUDGMENT I. MAHMOUD, J.-This is an appeal filed by Muhammad Rahim son of Soomar Pusio aged 25 years who, together with his brother Babli alias Hussain son of Soomar Pusio aged 30 years, was tried by the Additional Sessions Judge, Hyderabad, on a charge of murder of one Wahyoon by intentionally and knowingly giving him hatchet blows in furtherance of the common intention of both accused. The appellant was convicted of the substantive offence under section 302, P. P. C. And sentenced to death. The other co-accused, Babli alias Hussain son of Soomar Pusio was acquitted. The case was also come up to us for confirmation of the death sentence under section 374, Cr. P. C. This common judgment will dispose of both matters. 2. The case of the prosecution was that the deceased Wahyoon, resided with his wife Mst. Haws and his daughter Mst. Raji aged 17 years and 3 minor sons including Mooso aged 13 years in Dehlacki Tapo Mullan, Taluka Sujawal, District Thatta. Mst. Baehan, sister of the deceased Wahyoon, also lived with her daughter Mst. Husna in a separate house within the same hedge enclosure. The deceased Wahyoon was the paternal uncle of the complainant Muhammad Hassan who also lived nearby outside the hedge enclosure. The two accused Muhammad Rahim (the appellant) and Babli, lived at a call's distance from the deceased's village. Mst. Raji daughter of the deceased Wahyoon was married and sometimes came to live with her father, where she resided on the night of the incident. Mst. Husna had a dispute with her husband and therefore lived with her mother `Mst. Bachan. The complainant stated in his F. I. R. That Mst. Raji was on illicit terms with accused Muhammad Rahim, the appellant, while Mst. Husna was on illicit terms with the co-accused. Babli. About 5 or 6 days prior to the incident, the deceased Wahyoon bad seen the two accused chit-chatting in an…

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