Law:

Section:

Keywords: Omissions, Disclose, Consideration, Plea, Omission, Benefit Of Doubt, Investigation, Production, Recovery, Defence, Magistrate, Examination, Dispute, Recording, Evidence, Exception, Non-Disclosure, Cross-Examination, Trial Court, Acceptance, Place, Imprisonment, Prosecution, Petition, Land, Testimony, Conviction Result: Appeal allowed JUDGMENT MUHAMMAD HALEEM, J.-Appellants Illahi Bux, Karim Bux, Allah Bachayo, Phog, and Khuda Bux were tried for the murder of Sadiq and for causing injuries with blunt and sharp weapons to Gulab, convicted under sections 302, 324 and 323, all read with sections 149, 147 and 148, P. P. C. And sentenced on the first count to transportation for life, on the second to 6 months' rigorous imprisonment, on the third to 3 months' rigorous imprisonment, on the fourth to 6 months' rigorous imprisonment and on the fifth again to 6 months' rigorous imprisonment by the learned Additional Sessions Judge, Nawabshah, vide judgment dated 31st January 1972. They have appealed against their conviction, 2. According to the prosecution case, at about 7 p. m. On 26th December 1968 while Sadiq was returning along with Gulab, his nephew and Dhani Bux to his village deh Yaktar along P. C. Road from Sakrand, the appellants emerged from under the bridge of the watercourse, of whom Phog was armed with lathi while the others with hatchets and those carrying hatchets caused blows to Sadiq which led him and the other two to raise cries, upon which Phog gave a Ialhi blow on the head of Gulab while Karim Bux inflicted a hatchet blow. The cries attracted Ibrahim, Ahsan and others who lived in village Miani close by, but before they could reach the wardat, the appellants made good their escape. Sadiq soon after receiving the injuries died. Gulab and Dhani Bux narrated the incident to Ibrahim.' Ahsan and others and while leaving Dhani Bux at the wardat he himself proceeded to his village to inform his uncle, Muhammad Hashim. Muhammad Hashim on being told about the death of his brother went to the wardat along with Gulab and thereat advised Gulab to lodge a report at Police Station Sakrand Gulab lodged the report at 9 p.m. The same night. 3. The motive for…

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