Law:

Section:

Keywords: Conviction, Provisions, Prosecution, Attempt To Murder, Money, Survey, Inter Se, Cross-Examination, Examination, Testimony, Consideration, Defence, Confirmation, Evidence, Place, Set Aside, Trial Court, Evaluation, Recovery, Recording, Appraisement, Leave, Investigation, Order, Petition Result: Appeal accepted JUDGMENT, ABDUL HAFFEZ MEMON, J.-Appellants 'Laloo alias Alaboo son of Nawab aged 29 years and Mewo son of Dur Muhammad aged 28 years both by case Gishkoris have been convicted under section 302 read with section 34, P. P. C. And sentenced to death for the murder of Waryam son of Sachoo aged 50 years Appellant' Laloo hat been further convicted under section 13(d) of the Arms Ordinance and sentenced to t months R. 1. They have filed this appeal and the case is also before us on reference under section 374, Cr. P. C. For confirmation of sentence of death on each of the appellants. The facts of the case are that on 25-7-1971 at 11-30 a.m. P. W. Jhaman appeared at the Police Station Jacobabad to lodge the F. I. R. Regarding the murder of deceased Waryam which was recorded by the Head Constable Ghazi Khan in the following words :- "Complaint is that I reside in village Noor Muhammad Dombki, my sisters son Waryam son of Sachoo Jat and his wife Mst. Nazi all live in one and the same village. Today early in the morning I, Waryam and Mst. Nazi and my son Tillo were coming together to Buxapur to buy provisions. When we reached near Manghra Bridge, on the southern side, on the bridge of Buxapur minor, at about break fast time, there 3 persons namely Mewo, Allaboo sons of Nawab, 3. Hamzo son of Nasir, all by case Gishkori residents of Thahim Wah Taluka Kandhkot were standing. All the three were armed with guns. When we reached near the bridge, all the three gave challenge to Waryam and said him to be careful as his relatives Mitho Jat and others had killed their cousin Qadoo Gishkori, .Without any reason, and now they are getting revenge, saying so Mewo and Hamzo fired their guns at Waryam in our presence. Due to fires Waryam fell down. We raised cries of murder murder, none else came on the cries, then assailants went towards south, by firing in the air.…

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