Law:

Section:

Keywords: Place, Call, Examination, Land, Petition, Variation, Discharge, Magistrate, Conviction, Mistake, Imprisonment, Prosecutor, Recovery, Copy, Fine, Prosecution, Production, Payment, Defence, Evidence, Trial Court, Non-Disclosure, Dying, Recording, Removal, Substitution, Testimony, Cross-Examination Result: Appeal dismissed JUDGMENT MUHAMMAD HALEEM, J.-Appellants Bhagto, Ranjho and Golo were tried for the murder of Diwan Bagri and convicted under section 302/149 and section 147, P. P. C. And sentenced to transportation for life and to fine of Rs. 1,800 or in default of payment to undergo six months rigorous imprisonment on the first count and to six months' rigorous imprisonment on the second count, Bhagto was further convicted under section 13-D of the Arms Act and sentenced to suffer rigorous imprisonment for six months. They were tried and convicted as afore stated by the learned Ses sions Judge, Jacobabad, vide judgment dated 18th Match 1970. Not only have they appealed from Jail but have also filed one through their counsel against their conviction. 2. According to the prosecution case, the deceased lived in village Diwan Bagri near Kandhkot and was the hari of Ghulam Yasin Khan, Advocate. He had cultivated water-melons and was on the land alongwith Guloo Sheikh some three days before the incident and while both of them were returning at 5 p.m. On 7thFebruary 1969 on a bicycle to their village, they saw at a place beyond village Haibat the three appellants and abs conding accused Goro and one Syed, whose name was not known to them. Bhagto was armed with a pistol while Syed with a single-barrel gun and the rest had lathis. They told the deceased and his companion Guloo Sheikh that they had harassed them by filing cases and saying so, those armed with guns opened fire, whereupon Guloo Shaikh left the deceased and ran for his life. The deceased on receiving the gunshot injuries fell down. Thereafter the appellants and the other two carried the deceased to village Haibat. Guloo Sheikh disclosed the fact to one Bilawal Khan who advised him to lodge the report. He accordingly proceeded to Police Station Kandhkot, which is three miles away, and there at…

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