Law:

Section:

Keywords: Petition, Defence, Appearance, Evidence, Benefit Of Doubt, Examination, Inter Se, Information, Prosecution, Practice, Trial Court, Recording, Testimony, Leave, Apprehension, Notice, F.I.R, Conviction Result: Appeal allowed JUDGMENT MUHAMMAD HALEEM, J. Appellant Mooso was tried for the murder of Roshan, convicted under section 302, P. P. C. And sentenced to transporta petition for life by the learned Additional Sessions Judge, Larkana, vide judgment dated 6th March 1971. Qaim and Ghulam Muhammad were also tried alongwith him but they were acquitted. He has appealed to impugn his conviction and sentence. 2. According to the prosecution case, the incident occurred at break fast time on 12th August 1970 outside the house of complainant Ghulam Mohammad in village Abdul Karim Shaikh, taluka Kambar. While Ghulam Mohammad was sitting in his house alongwith his wife and sons, he heard a commotion, whereupon he and his son, Roshan, went out and saw the appellant, acquitted accused, Qaim and Ghulam Mohammad alias Golo, quarrelling with Waloo, who was armed with a hatchet. The others were also armed with hatchets. Both of them intervened to separate them upon which Ghulam Mohammad cried out to Mooso and Qaim that Roshan had come to support Waloo and therefore, he should not be spared, where after the appellant caused a hatchet blow on his head who fell down and became senseless. Ghulam Muhammad after informing his cousin Bambho went to police station Drigh, four miles away, where he lodged the F.I.R. At 4-30. p.m. He also took Roshan alongwith him. 3. Khadim Hussain S. H. O. After recording the report sent the injured to Kambar Dispensary for examination and treatment and examined Bambho. He then repaired to the wardat alongwith Ghulam Mohammad but did not observe anything of interest. He examined Mst. Zainab and Noor Mohammad and arrested the appellant and the acquitted accused. The appellant produced a hatchet which was not blood-stained from his house which was secured vide Mashirnama, Exh. 16, in the presence of Rajib A.I and Mohammad Waris. On 13th August 1970 he examined Wali Mohammad and Wahid Bux and on the same day he received information that the…

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