Law:

Section:

Keywords: Testimony, Recording, Examination, Cross-Examination, Parties, F.I.R, Prosecution Witness, Conviction, Appraisement, Recovery, Evaluation, Lands, Evidence, Trial Court, Land, Consideration, Minutes, Investigation, Maintain, Prosecution, Care, Inter Se, Set Aside, Order Result: Appeal accepted JUDGMENT Appellants Bakshan son of Vali Dino, Pathan son of Noor Mohammad and Illahi Bux son of Noor Mohammad were tried and convicted by the Additional Sessions Judge Sukkur for the offence under section 307 read with section 34, P. P. C. And each of them was sentenced to R.I. For seven years they have appealed against their conviction and sentence. The prosecution case was that on 10-5-1972 at about sunset time, injured Mohammad Hussain was present at his well watering his lands when appellants Baksho and Ilahi Bux armed with guns and appellant Pathan armed with hatchet came there. Appellant Baksho told P. W. Muhammad Hussain that he would kill him to take revenge for the murder of his brother Nawaz and saying so appellant Baksho fired his gun at him injured Mohammad Hussain raised cries and attempted to run away on which Ilahi Bux fired a shot from his gun which also hit him. The injured, however, managed to reach his dera and fell down. P. Ws. Sobho, Chanesar and Din Mohammed heard the cries and reached the scene of offence where they saw that the injured was being chased by the appellants and fell down and the appellants made good their escape. Thereafter Mohammad Hussain narrated the entire incident to these witnesses who brought the injured to the police station Chotki where P. W. Sobho lodged the F. I. R. Which was recorded by W. H. C. Allahdino on the same day at 9-45 p.m. After recording the F. I. R., W. H. C. Allah Dino prepared mashirnama of the injuries, examined P. Ws. Chanesar, Din Mohammad and two others and referred the injured for treatment to the Ghotki hospital. Thereafter, he handed over the investigation to S. H. O. Rashid Ahmed who proceeded to the wardat near the well of injured Mohammad Hussain. The S. H. O. Found one empty cartridge lying at the wardat which he secured under the mashirnama He, then, on the same day, arrested appellants…

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