Law:

Section:

Keywords: Fundamental Rights, Proceedings, Inducement, Exchange, Investigation, Set Aside, Dispute, Information, High Court, Order, Magistrate, Consideration, Prosecution, Maintain, Criminal Offence, Custody, Remand, Prosecution Witness, Examination, Recording, Evidence, Confirmation, Testimony, Conviction, Constitution, Production, Lands, Chairman, Place, Period, Failure, Recovery, Register, Plea, Incorporation, Division Result: Order accordingly JUDGMENT Z. A. CHANNA, J.-Appellants Nazo, Kauro and Mir Mohammad were tried along with one Achar son of Mohammad by the learned Session Judge, Khairpur under section 302 read with section 34 P. P C. For committing the murder of Photo son of Sanwal and while Achar was acquitted all the appellants were convicted for the said offence, and each of them was sentenced to transportation . o life. They have appealed go impugn their conviction and sentence. 2. Appellant Kauro is the brother-in-law of appellant Nazo, being married to his sister, while appellant Mir Mohammad is related to the other two appellants. The case of the prosecution is that on 26-6-69 at about sunset tine, the three appellants came to the house of the deceased in village Jarah Koh, where he was putting up with his father Sanwal and his brother Badal and Hadi Bux, and book him away with themselves on the pretext of witnessing the "Giyarwheen Mela" at Gambat, which is about six miles from the above village. As deceased Photo did not return to his house on the following day, his father made search for him and learnt from Shafi Muhammad and Achar Kbatis that on the previous day they had seen the deceased in the company of the three appellants at Khemtia culvert on Hamirji Minor going towards Kamal Dero and on exchange of news tit appellants had informed them that they were going to Gambat for " Giarheen Mela". Sanwal thereafter contacted the appellants at their village anal enquired from them about the whereabouts of his son, but they denied all knowledge about him. On this Sanwal became suspicious as it was within his knowledge that appellant Nazo suspected the deceased of having illicit relations with his wife. Sanwal, therefore, decided to report the…

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