Law:

Section:

Keywords: Inter Se, Maintain, Plea, Land, Apprehension, Examination, Lands, Prosecution Witness, Fine, Conviction, Refusal, Payment, Consideration, Recording, Guilty, Prosecution, Investigation, Custody, Evidence Result: Order accordingly JUDGMENT Z. A. CHANNA, J.-The two appellants, who are brothers inter se have been convicted by the learned Sessions Judge; Jacobabad, under section 302 read with section 34, P. P. C. For committing the murder of Mst. Dalmi, the wife of appellant Baig Mohammad, and under section 323 read with section 34, P. P. C. For causing simple injury to P.W. Bakhat A.I, arid have been sentenced on the first count to transportation for life and a fine of Rs. 5,000 each and in default of payment of fine to suffer R. I. For six months and under the second count to suffer R. I. For six months, both the sentences to run concurrently. 2. The case of the prosecution is that on 29-10-1969 at about 8 a.m., complainant Bakhat Alt, his son Ibrahim and daughter Mst. Delmi were working on their land, when the two appellants were seen approaching them. Appellant Baig Muhammad was armed with a lathi while appellant Fateh Muhammad was armed with a hatchet. Complainant Bakhat A.I and his son Ibrahim tried to grapple with the appellants but they eluded them and attacked Mst. Dalmi. Appellant Fateh Muhammad gave her hatchet blows and appellant Baig Muhammad gave her laths blows. The complai nant raised cries on hearing which his second son Muzaffar, Gul Khan and others came up running. They apprehended the two appellants alongwith their weapons and tied them up. Mst. Dalmi was found to be dead. She has a number of injuries on her person. Leaving his two sons, Ibrahim and Muzaffar, and P. W. Gul Khan incharge of the two appellants, complainant Bakhat A.I came to the Saddar Police Station in Jacobabad Town and lodged his F. I. R., which was recorded the same day at 12 noon by S. H. O. Muhammad Kassim. The motive for the murder as stated in the F. I. R. Is that appellant Baig Muhammad suspected the deceased to be having illicit relations with one Saindad and used to torture her because she was visiting the houses of her relations Razi Khan, Jind and Qammruddin.…

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