Law:

Section:

Keywords: Intervention, Dispute, Plea, Material Facts, Petition, Evidence, Ambit, Conviction, Private Defence, Consideration, Defence, Description, Examination, Cross-Examination, Notice, Succession, Place, Inconsistencies, Order, Confirmation, Parties, Recording, Prosecution, Recovery, Investigation, False Evidence Result: Appeal allowed JUDGMENT DORAB PATEL, J.-The appellants Qaim and Ismail are brothers, whilst the third appellant Rahib is their cousin. All the appellants have been con victed under section 302, P. P. C. Read with section 34, P. P. C. By an Additional Sessions Judge, Larkana and sentenced to death. They have also been convicted under section 323, P. P. C. Read with section 34, P. P. C. And section 324, P. P. C. Read with section 34, P. P. C. And sentenced to one year's R. I. Arid two years' R. I. Respectively. They have filed an appeal against these convictions and their case has also come before us for confirmation of the sentence of death passed against them by the Additional Sessions Judge. Accordingly, by this judgment we shall dispose of both the confirmation case and the appeal tiled by the appellants. 2. In view of the discrepancies in the prosecution evidence I have to point out here that, according to the F. I. R. (Exh. 8) lodged by Ghulam Kadir son of Allahdino deceased the material facts are as follows: About 8 months before the occurrence the appellant Ismail had declared P. W. Ghulam Kadir Karo with his wife. All the appellants and the said Ghulam Kadir lived in village Bathi Hakra and on 11-11-1969 at about sunset time there was a bullock cart race in the village. P. W. Ghulam Kadir had gone with his father Allahdino and P. Ws. Uris and Buxal to see this race. They had reached at about sunset time, and the appellants were already there with their friend Fakir, who was armed with a hatchet, threatened P. W. Ghulam Kadir and said he would kill him. Fakiro then attacked P. W. Ghulam Kadir. Allahdino came in front to save his son with the result that Fakiro's hatchet blow struck Allahdino on the shoulder, but Allahdino was also armed with a hatchet and he hit Fakiro in self-defence. On this, the appellant Qaim gave Allahdino a…

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