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Keywords: Land, Evidence, Dispute, Consideration, High Court, Cross-Examination, Investigation, Defence, Guilty, Grievance, Examination, Conviction, Extra-Judicial Confession, Commission, Prosecution, Place, Set Aside, Parties, Petition, Custody Result: Appeal partly accepted JUDGMENT ABDUL HAYEE KURESHI, J.-The appellant Ghulam Ghous was tried by the Additional Sessions Judge, Nawabshah for an offence under section 302. P. P. C. He was convicted for the said offence and sentenced to death on 30-9-1971. He has filed an appeal through Mr. Khalid Ishaque, whereas the State was represented before us by Mr. Hassan Inamullah, The learned Additional Sessions Judge has also referred the case to this Court for con firmation of the sentence of death imposed on the appellant. 2. Briefly stated the facts of the case are that the deceased Mst. Pyari lived with her husband, the complainant Iqbal, at Saeedabad village in Naushahro Feroze Taluka within the District of Nawabshah. On 19th June 1970, two donkeys belonging to the appellant had entered into the cotton cultivation of complainant Iqbal and damaged the crop. There was an altercation and the appellant gave some fist blows to complainant which resulted in the latter lodging a report at the police station. After lodging the report the complainant returned to his village and narrated the facts relating to the said report to Lai, the father of the deceased, and at that time the appellant came and abused the complainant. It seems that there was some rough talk between the complainant and the appellant which attracted Pyari deceased, Daulat, and uncle of the deceased and one Rehmat Issai, besides co-villagers. While all these persons started pacifying the appellant he hit the deceased with a dorna (a wooden stick commonly used for tethering cattle). The blow pierced the stomach of Mst. Pyari, who fell down due to the injury. Mst. Pyari was not taken to the hospital and no report was lodged. However, she was given some local treatment, which worsened her condition so that she expired on the next day at 5 p.m. The complainant, Daulat, Lal and Rehmat brought her dead body to Darya Khan Mari Police Station and lodged the report…

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