Law:

Section:

Keywords: Cross-Examination, Theft, Prosecution, High Court, Copies, Care, Interference, Failure, Regular Hearing, Set Aside, Conviction, Land, Minutes, Dispute, Defence Witness, F.I.R, Office, Lands, Practice, Trial Court, Defence, Discharge, Magistrate, Appeal Against Acquittal, Procedure, Investigation, Evidence, Jurisdiction, Place, District Council, Custody, Government, Possession, Examination, Assault, Protection, Order, Survey, Information, Consideration, Testimony, Payment, Fine, Adequate Result: Appeal accepted JUDGMENT Z. A. CHANNA, J.-This appeal, by the Provincial Government, calls in question the judgment delivered on 29-4-1972 by the learned Sessions Judge, Larkana, in Sessions Case No. 228 of 1971, whereby he acquitted respondents Fakir Mohammad and A.I Madad, who were tried on the charge of com mitting murder of one Mazhar A.I, while respondent Fakir Mohammad was further charged under section 13(d) of the West Pakistan Arms Ordinance, 1965, for being armed with an unlicensed pistol. A.I Madad was murdered after the appeal was admitted to regular hearing and hence the appeal in respect of him was declared to have abated by an order passed by another Bench of this Court on 22-11-1973. As such, there remains only the appeal in respect of respondent Fakir Mohammad to be considered. 2. The incident, which is the subject-matter of this appeal, occurred in Larkana Town on 25-9-1968. At that time respondent Fakir Mohammad was employed in the Police Department as a police constable. His place of duty was actually at Miro Khan Police Station but he had been deputed for one month's training at the Police Lines at Larkana. Both deceased Mazhar A.I and respondent Fakir Mohammad were residents of Nazar village which is at a distance of about one mile from Larkana Town. Between deceased Mazhar A.I and respondent Fakir Mohammad there were disputes over some land which was actually in the possession of the deceased but was being claimed by this respondent and on which he had actually put up a hut. The deceased had filed a civil suit against the respondent in respect of that survey number and for demolition of the hut. In return the respondent filed criminal…

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