Law:

Section:

Keywords: Prosecution, Assault, Conviction, Set Aside, Benefit Of Doubt, Maintain, Recovery, Examination, Defence, Possession, Testimony, Place, Recording, Language, Magistrate, Lambardar, Evidence, Consideration, Government, Receipt, Inter Se Result: Order accordingly JUDGMENT Z. A. CHANNA, J.-The two appellants, Barkat A.I and Manzoor A.I, who are brothers inter se, were tried by the learned Additional Sessions Judge, Sanghar, under, section 302/34, P. P. C., for committing the murder of their co-villager Mohammad Akram, were convicted of the said offence and each of them was sentenced to transportation for life. They have appealed to impugn their conviction and sentence. 2. The case of the prosecution is, that on 28-2-1970, at about 5 p.m., appellant Manzoor A.I took Faqir Mohammad, a boy of about '2 to 14 years of age, to his compound (hata) for assisting him to cut fodder, where he tried to commit sodomy on Faqir Mohammad, when deceased Mohammad Akram, who was maternal uncle of Faqir Mohammad turned up and picking up a danda, which was lying nearby, gave a blow with the same on the head to Manzoor A.I, who ran away to his house. It is alleged that a short while thereafter, both. The appellants went to the house of the deceased called him out and after exchanging abuses with him, appellant Manzoor A.I grappled with him while appellant Barkat inflicted a knife injury to him on the neck, as a result of which the deceased fell down and thereafter both the appellants ran away. The incident is said to have been witnessed by Fakir Mohammed's father Ghulam Mustafa, Fakir Mohammed, Abdul Sattar and Khadim Hussain. Mohammed Akram died shortly thereafter as a result of the injury. Ghulam Mustafa first reported the matter to Yousuf, the Lambardar of the village, and on the latter's advice repaired to the Sinjhoro Police Station, 12 miles away, where he lodged the F. I. R. The same day at 9-45 p.m. 3. After recording the F. I. R., A. S. I. Mohammad Hussain, who was then incharge of Sinjhoro Police Station, accompanied the complainant to the scene of offence, and found the dead body of deceased Mohammad Akram lying in the street in front of his house and the ground near…

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