Law:

Section:

Keywords: Inter Se, Defence, Examination, Offer, Objections, Consideration, Lands, Set Aside, Probative Value, Prosecution, Parties, Commission, Distribution, Erred In Law, Benefit Of Doubt, Union Council, Third Parties, Trial Court, Place, Allotment, Certificate, Acceptance, Disclose, Chairman, Failure, Disposed Of, Kidnapping, Land, Testimony, Evidence, Period, Allotment Of Land Result: Appeal accepted JUDGMENT I. MAHMUD, J. -The six appellants before us (1) Soof son of Rasoolo, Kolachi (2) Bachoo son of Jaffar Kolachi, (3) Allahwarrayo son of Jan Kolachi (4) Karam Ali son of Hussain Bux Kolachi, (5) Siddique son of Qasim, Mirbahar, (6) Piroo son of Manoo Mirbahar, were tried by the Additional Sessions .Fudge, Hyderabad who by the judgment dated 9th April 1971 convicted each of them under sections 302 and 323, P. P. C. Read with sections 147, 148 and 149, P. P. C. And sentenced each of them to transportation for life and R. I. For six months respectively, both sentences to run concurrently. Soof and Bachoo have jointly filed Criminal Appeal No. 167/71. Karam Ali and Allahwarayo have jointly filed Criminal Appeal 191/71, while Siddique and Piroo have filed separate Criminal Jail Appeals Nos. 294/71 and 295/71 respectively. These connected appeals were heard together and will be disposed of by this common judgment. 2. The prosecution case as stated in the F. I. R. Is that at about 1-00 p.m. On 13th April 1965, which was the day of Eid-ul-Azha, the complainant Qutubuddin Awan, with his maternal uncle Bhooro son of Allah Dino, Awan aged 60 years and Ali Bux Awan, nephew of Bhooro had gone to village Muhabat Khan Bhurguri (Taluka Matli) to receive their shares of `Qurbani'. While they were sitting there at about 2-00 p.m. The six appellants carne towards them from north side. Soof. Bachoo and Siddique were armed with hatchets while the rest of the appellants were carrying lathis. On arrival they abused the complainant and party and Soof gave a hatchet blow from sharp side to Bnooro which struck him over his head. Bachoo also gave a hatchet blow to Bhooro from blunt side, which struck him over his right leg. The rest of the appellants gave lathi blows to Bhooro.…

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