| Citation(s) |
|---|
| 1976 SLG 1034 1976 SLD 1034 1976 PCRLJ 358 |
Sindh High Court
Criminal Appeal No. 157 of 1972, 4th November, 1974
MUHAMMAD HALEEM AND ZAKAULLAH LODHI, JJ
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Criminal Appeal No. 157 of 1972, 4th November, 1974
MUHAMMAD HALEEM AND ZAKAULLAH LODHI, JJ
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Lakho
VS
The State
Law:
Section:
Keywords: Minutes, Place, Magistrate, Land, Custody, Imprisonment, Omission, Recovery, Recording, Production, Conviction, Prosecution, Evidence, Remand, Inadmissible, Prosecution Witness, Illegal, Set Aside, Trial Court, Boundary Marks, Determination, Benefit Of Doubt, Fine, Possession, Registered, Necessity, Defence, Information, Examination, Period, Omissions, Call Result: Appeal accepted JUDGMENT MUHAMMAD HALEEM, J.- Appellant Lakho stands convicted under sec tion 302, P.P.C. For the murder of his father, Abdul Wahid, and sentenced to transportation for life and to pay a fine of Rs. 1,000 or in default to suffer rigorous imprisonment for one year. He was also convicted under sec tion 13-D of the West Pakistan Arms Act and sentenced to suffer rigorous imprisonment for one year both sentences to run concurrently, by the learned Sessions Judge, Tharparkar at Mirpur Khas, vide judgment dated 26th April 1972. The appellant has filed this appeal to assail his convic tion. 2. According to the prosecution case, the incident occurred in the garden of the deceased in village Haji Dilawar, Taluka Samaro, District Tharparkar on 8th November 1970 at 10 a. m. While Abdul Hakim. The brother-in-law of the deceased, was sitting in the shop of Badal in village Pitharo and settling accounts, Dadu Rajar came to his shop and informed him that on the way he was told by Dajo Kolhi that the deceased had died in the village and so he had come to give that information. Abdul Hakim immediately started on horse-back to the deceased's village which was about 2 miles away and when he was about a mile and a half from there he met Kamaluddin in a jeep who was also going to inform him about his death. Abdul Hakim left his horse and went in his jeep to the garden. There he was informed by the appellant that the deceased had committed suicide. Such report was thereupon lodged by Abdul Hakim at police station Shadipali at 3 p. m. The same day, which was recorded by Muhammad Rafiq S. H. O. 3. After recording the report, the S. H. O. Repaired to the wardat which Has shown to him by Abdul Hakim, he noticed two `rifle' shot injuries and two abrasions on his body. A rifle was lying in between his…
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