Law:

Section:

Keywords: Testimony, Inter Se, Commission, Proceedings, Production, Tenancy, Custody, Severed, Circulars, Prosecution, Evidence, Magistrate, Land, Recovery, Benefit Of Doubt, Remand, Lands, Examination, Adequate, Detention, Place, Procedure, Death Sentence, False Statement, Tenancy Rights, Confirmation, Conviction, Investigation, Contravention, Defence Result: Appeal accepted JUDGMENT Z. A. CHANNA, J.-Appellants Abdul Karim and A.I Akbar, who are related inter se, were tried by the learned Additional Sessions Judge, Nawab shah, in respect of an offence under section 302/34, P. P. C., for allegedly committing the murder of a young boy by name Dad Karim, and both of them have been sentenced for the said offence to death by a judgment delivered by the learned Additional Sessions Judge on 26th November 1973. Both of them have appealed against their conviction and sentence and also their case has been referred by the learned Additional Sessions Judge to this Court for confirmation of the capital sentence awarded to them. This judgment will dispose of both the appeals of the appellants and the reference by the Additional Sessions Judge. 2. The deceased Dad Karim, his father Muhammad Usman as well as both the appellants were residing at the material time in village Mirza Abid Hussain, which is located in Deh Nasrat 102, Nawabshah Taluka. Com plainant Muhammad Usman and his brother Qutbuddin were cultivating separate plots of land with sugarcane at a distance of about one mile from their village. Near their sugarcane plots the two appellants had been cultivating some land with cotton. The prosecution case is that some 15 days prior to his murder, the deceased bad cut grass from the field of the two appellants who had caught the deceased in the act and had snatched away his sickle and chadar from him. The deceased thereupon reported the matter to his father, Muhammad Usman, who approached the two appellants and the latter returned the chadar and sickle to the complainant, but warned him that if in future the deceased again came to cut grass from their lands, he would be murdered. It is the prosecution case that on 28-10-1972, at about 1 p.m., the deceased again went…

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