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Keywords: Examination, Incapable, Place, Call, Receipt, Cross-Examination, Evidence, Compensation, Recording, Land, Conviction, Petition, Dying, F.I.R, Prosecution, Set Aside, Production, Testimony Result: Appeal allowed JUDGMENT Z. A. CHANNA, J. Appellant Ghulam Hussain has been convicted by the learned Sessions Judge, Nawabshah, under section 302 read with section 34, P. P. C., for committing the murder of one Mir Muhammad, and awarded transportation for life. Two other persons, who were tried with the appellant namely, Ibrahim and Ghulam Kadir, were acquitted by the learned Sessions Judge. 2. The case of the prosecution is that on the night intervening between 18th and 19th November 1967, complainant Muhammad Usman, his elder brother Muhammad Umar, deceased Mir Muhammad, Raban and some other persons gathered at the otak of Muhammad Uat for a chit-chat. The gathering broke up at about 1 pahar after sunset, which would be about 11-30 p.m. Thereafter, the deceased went to look after his nearby cotton cultivation, while his father Muhammad Umar waited at his otak for him. Shortly thereafter, there was a gun-report accompanied by cries, on which Muhammad Usman, Raban and some other persons of the village went out running. They found Mir Muhammad lying on the ground, a short distance away from the otak of Muhammad Umar. He had gun-shot injuries which were bleeding. He informed the witnesses that as he was returning to his otak from his cotton cultivation, he heard a call from the eastern side and on going towards that side lie saw three persons standing under a bubal tree, whom he recognized in the moon light to be Ghulam Hussain Moroji, Ibrahim and Ghulam Hussain, of whom Ghulam was armed with a gun, Ibrahim with a hatchet and Ghulam Kadir empty handed. He further told the witnesses that Ghulam Hussain gave him a challenge and immediately thereafter fired his gun at him, hitting him in the stomach, in consequence of which he fell down and did not know anything else. The motive for the murder is said to be the rivalry between deceased Mir Muhammad and appellant Ghulam Kadir over the affections of a boy by name Haji. 3. The F. I. R. Was lodged the same night, at 1…

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