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Keywords: Custody, Dispute, Examination, Cross-Examination, Penalty, Place, Punishment, Prosecution, Grievance, Land, Consultation, Testimony, Information, Evidence, Fine, Trial Court, Death Penalty, Imprisonment, Minutes Result: Appeal allowed JUDGMENT MUHAMMAD HALEEM, J.-The State has appealed against the acquittal of Muhammad and Abdul Aziz who were tried for the murder of Gul Hassan under section 302 read with section 34, P. P. C. But acquitted by the Sessions Judge, Sanghar vide judgment dated 2nd October 1972. According to the prosecution case the incident occurred in front of the hotel of Fateh Muhammad near Sarhari Railway Station at 4-45 p. m. On 22nd of June 1970. Some time earlier the father of the deceased had brought meals for the deceased who worked as cooly at the Railway Station. The deceased told him to wait at the hotel of Muhammad Altaf where he would come after finishing his work. The deceased arrived there at about 4-30 p. m. And took his meals. He then left the hotel to return to his work at the Railway Station and as he got out he was belaboured by the respondents who caused him hatchet blows as a result of which the deceased fell down. Safar, Muhammad Altaf, Fateh Muhammad, Abdul Karim and Moula Bux, who were at the hotel gave hakals and tried to catch them but they managed to escape. The motive was said to be that about 6 or 7 days prior to the incident the deceased had given blows to their uncle Ghulam Hussan and it was due to that grievance that they had caused hatchet blows to him. Safar hastened to O. P. Sarhari where he lodged the first information report at 5 p. m. Which was recorded in the station diary by Ghulam Muhammad A. S. I. And later sent to Police Station Shahpur Chakar for being incorporated in the section 154 book. 2. The A. S. I. Then repaired to the wardat where he saw the deceased lying unconscious on the road between the hotels of Muhammad Altaf and Muhammad Hassan. He secured blood-stained earth from there vide Exh. ! 7 and sent the deceased, who was unconscious, to the District Hospital Sanghar for examination and treatment. He then recorded the statements of Muhammad Altaf, Fateh Muhammad, Abdul Karim, Moula Bux,…

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