| Citation(s) |
|---|
| 1974 SLG 222 1974 SLD 222 1974 SCMR 430 |
Supreme Court of Pakistan
Criminal Appeal No. K-9 of 1973, decision dated: 24th January 1974.(On appeal from the judgment and order of the High Court of Sind & Baluchistan, Karachi, dated the 10-11-1971, to Confirmation Case No. 44 of 1970 and Criminal Appeal No. 309 of 1970)
HAMOODUR RAHMAN, C.J., WAHEEDUDDLN AHMAD AND MUHAMMAD GUL, JJ
Muhammad Hayat Junejo, Senior Advocate, Supreme Court instructed by A. A. Dastgir, Advocate-on-Record for Appellants. Usman Ghani Rashid, Advocate General, Sind (A. K. Lakhan, Advocate with him) instructed by Mrs. Rashida Patel, Advocate-on-Record for t
Criminal Appeal No. K-9 of 1973, decision dated: 24th January 1974.(On appeal from the judgment and order of the High Court of Sind & Baluchistan, Karachi, dated the 10-11-1971, to Confirmation Case No. 44 of 1970 and Criminal Appeal No. 309 of 1970)
HAMOODUR RAHMAN, C.J., WAHEEDUDDLN AHMAD AND MUHAMMAD GUL, JJ
Muhammad Hayat Junejo, Senior Advocate, Supreme Court instructed by A. A. Dastgir, Advocate-on-Record for Appellants. Usman Ghani Rashid, Advocate General, Sind (A. K. Lakhan, Advocate with him) instructed by Mrs. Rashida Patel, Advocate-on-Record for t
DOSO alias DOST MUHAMMAD AND ANOTHER
VS
THE STATE
Law:
Section:
Penal Code (XLV of 1860)---- S. 302/326/148-[Murder case]-All prosecution witnesses injured and fully supporting prosecution story without contradiction-Witnesses although related to deceased yet their testimony corroborated by production of blood-stained hatchets-Conviction maintained but death sentences reduced to transportation for life in view of general amnesty proclaimed by President. JUDGMENT WAHEEDUDDIN AHMAD, J.-This appeal by special leave is directed against the judgment of the High Court of Sind & Baluchistan, Karachi, in Confirmation Case No. 44 of 1970 and Criminal Appeal No. 309 of 1970, dated the 10th November, 1971. By this judgment the death sentence of the appellants was confirmed and the appeal was dismissed. Appellants, along with eight others, namely, Punhoon, Bachal, Setho, Chandio, Kamal, Jamal, Allahdino and Rahib, were tried by the learned Additional Sessions Judge, Larkana, for offences under sections 302, 326, 324, 323 and 148, P. P. C, for the murder of deceased Hamid and causing injuries to P. Ws. Nabidad, Kadirbux, Rahim Ali, Wali Dino, Mohammad Khan and Naban. One Sodho, father of appellant No. 1, was also named as the person responsible for the murder of Hamid deceased. There are three absconders, namely, Ghulam Nabi, Gul Babar and Daim who are shown as accused persons. There was a counter case in which the prosecution witnesses were the accused. The learned Additional Sessions Judge, Larkana, acquitted all of them. All the ten accused from the appellants' party were convicted. The appellants were sentenced to death and all the ten accused were also sentenced to seven years' R. I. under section 326 read with section 149, P. P. C. besides other smaller terms of imprisonment. The appellants challenged the judgment of the learned Additional Sessions Judge, Larkana in Confirmation Case No. 44 of 1970 and Criminal Appeal No. 309 of 1.970. In the Criminal Appeal and the Confirmation Case, the death sentences of the appellants were confirmed. Six of the accused persons were acquitted and the convictions and sentences of the others were varied. Except the appellants, no other person has pursued the matter further. Leave was granted…
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