Law:

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Keywords: Testimony, Place, Custody, Prosecution, Information, Investigation, Evidence, Parties, Benefit Of Doubt, Proceedings, Dispute, Set Aside, Land, Copy, Offences, Examination, Conviction, Offer, Consideration Result: Appeal accepted JUDGMENT AGHA ALI HYDER, J. The appellants were convicted by the learned Sessions Judge, Nawabshah, for offences under sections 302/149, 148, 324/149 and 323/149, P. P. C., and sentenced as follows:- Under section 302/149, P. P. C....Transportation for life. Under section 148, P. P. C .2 years R. I. Under section 324/ 149, P. P. C....6 months' R. I. Under section 323/149, P. P. C. ...6 months' R. I. All the sentences were to run concurrently. Aggrieved by the judgment of conviction and sentence, they have come in appeal. 2. The prosecution story is that sometime before the incident, the appellant Sabu had asked for the hands of Mst. Amirzadi, the daughter of Abdul Hamid. The latter had spurned the proposal to the great chagrin of Sabu. On the evening of the 23rd January 1970, at about the sunset time, on the instigation of the appellant Sabu, the remaining appellants are said to have made a short work of Abdul Hamid and caused injuries to his two sons by the names of Arbab and A.I Asghar. Abdul Hakim, the nephew of Abdul Hamid professes to have been present at time of the incident, but remained unhurt, though the butt of his gun came to be broken in the melee. Leaving A.I Asghar and Arbab in their house which was not far away from the wardat, Abdul Hakim had proceeded to the Tharusbah village and broken the news of the happenings to his cousin Ghulam Qadir. From there he had proceeded to the police station and lodged the First Information Report of the incident at about 10 p.m. The S. H. O. Abdul Khalique, after examining Ghulam Qadir, proceeded to the wardat and found the dead body of Abdul Hamid lying there. Sabu and Nabo are stated to have been present there and came to be arrested. The clothes of Sabu were blood-stained and came to be secured. A revolver was also secured from the person of Sabu which came to be sealed at the spot. Nabo was having a blood-stained hatchet which also came to be secured. Nabo had also…

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