Law:

Section:

Keywords: Crops, Custody, Plea, Examination, Copies, Delay, Cross-Examination, Orders, Prosecution, Investigation, Evidence, Trial Court, Copy, Description, Order, Set Aside, Claims, Benefit Of Doubt, Recovery, Recording, Conviction Result: Appeal allowed JUDGMENT DORAB PATEL, J. By his judgment dated 28th November 1970, the Sessions Judge, Sukkur convicted the appellants under section 302, P. P. C read with section 34, P. P. C. For the murder of Jindal deceased on 3-5-1969 and sentenced them to transportation for life. He also convicted then under section 24 of the Cattle Trespass Act and sentenced them to 6 months R. I. And directed that both the sentences should run concurrently. The appellants therefore filed an appeal in this Court against their convictions We allowed that appeal on 5-9-1973 after hearing Mr. Azizullah Shaikh learned counsel for the appellants, and Mr. Nasiruddin who appeared of behalf of the State, and I would now give the reasons for allowing the appeal. 2. The appellants were tried with four other persons who were acquitted, and according to the prosecution, Jindal deceased, his brothel P. W. Gahi and his nephew P. W. Muhammad Umer had a dera in whirl they stored their wheat crops near village Pir Muhammad Makai Taluka Rohri. The dera was surrounded by a hedge, but on the morning o 3-5-1969 when P. Ws. Muhammad Umer and Jindal deceased went to the dera, they found that the cattle of the appellants had broken through the hedge and damaged the crops, therefore Jindal seized the cattle in order to take them to the cattle pond. About a mile and half from the dera, while Jindal was on the way to the cattle pond, the appellants and the acquitter accused came and said that the cattle belonged to them and should not be taken to the cattle pond. As Jindal deceased refused, at the instigation of Mehrab, the son of the Ist appellant, the appellants and the acquitter accused attacked Jindal with the weapons which they were carrying. Jinda fell down unconscious. P. Ws. Dhani Bux, Allah Wadhayo came running on the cries and saw the appellants and the acquitted accused giving blow, to Jindal. P. W. Gahi, leaving P. W. Muhammad Umer and others at the…

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