Law:

Section:

Keywords: Language, Magistrate, Evidence, Prosecution, Investigation, Guilty, Testimony, Place, Charge-Sheet, Examination, Compensation, Consideration, Fine, Discharge, Conviction, Refusal, F.I.R, Exchange Result: appeal is dismissed JUDGMENT MUSHTAK ALI KAZI J. The appellant has been convicted by the II Additional Sessions Judge, Nawabshah for offence under S. 302, P. P. C. For having committed murder of one Shamman Shah and he has been sentenced to undergo transportation for life and to pay fine of Rs. 5,000 or in default to suffer further R.I. For one year. 2. On 12-5-1971 in the afternoon deceased Shamman Shah, a boy of about 17 years had gone to attend the wedding ceremony of Mirbahars at Lalia village. Accused Moula Bux Jessar, Khanu Paryyhar and Piru Bhatti were also present at the ceremony. After dinner at about 10-30 p.m. The feast came to an end as the music programme which was to follow the dinner had been cancelled. Shamman Shah accompanied by P. W. Mauj A.I Shah and accused Moula Bux, Khanu and Piru left together for going on foot to lanalo village where they resided. Complainant Miral Shah and P. W. Noorul Shah also left for the same village and were going at a distance of about 50 paces behind the party of Shamman Shah. They had hardly gone for a few furlongs when appellant Moula Bux was heard cutting jokes with Shamman Shah who got annoyed and asked Moula Bux not to indulge in that type of mischief with him. This was followed by exchange of abusive language. Shamman Shah tried to get away from them when appellant Moula Bux fired a pistol shot at his buttocks from behind at a very close range. Shamim shah raised a cry and fell down as a result of the pistol shot. Miral Shah and Noorul Shah ran up to the place of the incident on hearing the gun report. Miral Shah and Mouj A.I Shah caught hold of appellant Moula Bux and seized the pistol from his hand. His pistol smelt of gun powder Find there was an empty .12 bore cartridge still inside tire barrel. P.W. Noorul Shah was then sent to inform Syed A.I Shah father of Shamman Shah, at his village Junali, about what had happened. Noorul Shah on reaching the village at about mid-night, informed Syed A.I…

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