Law:

Section:

Keywords: Evidence, Claims, Modification, Exchange, Divorce, Discharge, Plea, Conviction, Possession, Set Aside, Parties, Maintain, Private Defence, Apprehension, Recording, Place, Trial Court, Dispute, Defence, Prosecution, Consideration, Imprisonment, Presumption, Maintenance, Examination Result: Appeal accepted JUDGMENT MUHAMMAD HALEEM, J. Appellant Aludo alias Ali Bux was tried for the murder of Bhaji and for being in possession of an unlicensed firearm, convicted under section 302, P. P. C. And 13-D of the Arms Act 1965, and sentenced on the first count to imprisonment for life and on the second to one year's R. I. By the learned Additional Sessions Judge, Dadu vide judgment dated 13th December 1973. The appellant has appealed to assail his conviction and sentence. 2. According to the prosecution case, the incident occurred at 5-45 p.m. On 6th November 1971 in the berri cultivation of Ali Bux Machi in Deh Kolachi, Taluka Mehar. This place is at a distance of a mile where the initial incident occurred It is said that the deceased alongwith his brother Misri and Ramzan were thrashing paddy and at that moment the appellant appeared and demanded that his sister Mst. Sumri, who was married to their brother Faiz Mohammad should either be given divorce or that they should maintain her, upon which they replied that there was no question of giving divorce and that they were willing to maintain Mst. Sumri, if she returned to her husband. This reply annoyed the appellant, who took out a country made pistol (12 bore) and fired, but the cartridge mis-fired. Thereupon the appellant ran towards the west followed by Misri, Ramzan and Bhaji who chased him for a mile and finally they came near him and seeing that he would be caught, the appellant fired at the deceased killing him at the spot. At that moment, a police constable by the name of Mohammad Sullaiman who was returning after serving processes, also saw the incident and helped the other two to capture the appellant while he was reloading the pistol, and recovered from his possession a country made pistol, one live cartridge and 'one spent cartridge. The appellant was then taken by the constable to the Police Station…

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