Law:

Section:

Keywords: Parties, Conviction, Private Defence, Benefit Of Doubt, Inter Se, Claims, Defence, Plea, Prosecution, Apprehension, Custody, Recovery, Examination, Surety, Evidence, Investigation, Exception Result: Appeal allowed JUDGMENT TUFAIL ALI A. RAHMAN, C. J.-The appellant in this case was convicted by the learned Sessions Judge, Hyderabad under section 302 of the Pakistan Penal Code and sentenced to transportation for life. 2. At the end of the hearing of the appeal both my learned brother and I, having come to the conclusion that the conviction could not be sustained announced judgment allowing the appeal and acquitting the appellant; I now proceed to record my reasons for doing so. 3. The appellant, two other persons who were tried with him but acquitted, namely Haji and Khamoon are all related inter se while the deceased and the eye-witnesses are also related. In fact the parties are, as between each other, also related but are nevertheless, as the learned Judge has concluded, on somewhat hostile terms and this is on account of the fact that Mst. Perhi who is the sister of the deceased Mohammad Siddiq and the first informant Dost Mohammad who are brothers inter se, is the wife of appellant Baradi whose own sister Soomri is the wife of the first informant Dost Mohammad. According to the prosecution case, and this part of the case is not seriously denied, there was trouble between each of the couples and, although each side claims to be in the right, the fact remains that the two ladies were, at the time of the incident, living with their brothers and not their husbands. The prosecution party reside in Deh Patar Tendo Saindad in District Hyderabad and have a field, which is presumably close by to their village and in this village live also others of their case but, although it is not very clear upon the record, it would seem that the appellant and the two co-accused who were acquitted do not live in this village but nevertheless fairly near. It is the case of the prosecution that following the disputes between the two couples a 'faisla' had been performed by one Wadero Jumo who directed that Mst. Perhi should return to her husband, that is to say, the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492