Law:

Section:

Keywords: Prosecution, Dispute, Recording, Suspects, Impugned Judgment, Tenant, Cross-Examination, Magistrate, Call, Evidence, Benefit Of Doubt, Conviction, Petition, Trial Court, Offer, Mistake, Investigation, Extra-Judicial Confession, Land, Testimony, Examination, Delay, Place, Custody, Inducement, Recovery, Notice Result: Appeal dismissed JUDGMENT KHUDA BAKHSH MARRI, J. This acquittal appeal filed by State through the Advocate-General, Sind under section 417, Cr. P. C. Is directed against the judgment of learned First Additional Sessions Judge, Nawabshah dated 30th October 1971 whereby he tried and acquitted respondent Haji Khan for an offence punishable under section 302, P. P. C. For murder of one Azizullah. 2. The prosecution story briefly is that deceased Azizullah, his brother Rahmatullah and father Muhammad Soomar and others used to work as hart of the respondent. For sometime respondent suspected that Rahmatullah bad developed illicit relations with his wife, he therefore removed them from his land as haris. On the fatal day of incident, instead of sleeping in his own place within tile same compound deceased Azizullah slept in place of his brother Rahmatullah under the Chappar near the cattle-pen. Early next morning when Muhammad Soomar and his son Rahmatullah woke up to offer prayer they found Aziaullah lying dead having two hatchet injuries on his face and neck. They raised cries on which neighbours Haji Muhammad Bachal, Muhammad Qasim and Muhammad Chuttal arrived there and Haji Muhammad Bachal directed Muhammad Soomar to file report with the police who went to Sakrand Police Station and lodged the F.I. R. Which was recorded by S. H. O. Dodo Khan on 20th April 1970 at about 7-00 a. m. Thereafter Mohammad Bachal along with P. W. Haji Khan came to their otaq. At about 6-30 p. m. The respondent is said to have gone to his otaq and made extra judicial confession before both of them to the effect that he suspected Rahmatullah to be on illicit relations with his wife. He went to murder Rahmatullah but by mistake he caused the death of Azizullah. He further told to call him when the police comes for investigation. After recording the F. I. R. S. H. O.…

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