Law:

Section:

Keywords: Cross-Examination, Dying, Care, Examination, Theft, Information, Evidence, Place, Description, Prosecution, Land, Order, Registered, Government, Recovery, Plea, Set Aside, Recording, Delay, Consideration, Investigation, Trial Court, Severed, Claims Result: Appeal allowed JUDGMENT DORAB PATEL, J.-The appellants have been convicted by the Sessions Judge Nawab Shah under section 302, P. P. C. For the murder of Miral Shah deceased and sentenced to transportation for life. They, therefore, filed an appeal against their convictions and sentence and this appeal was heard and allowed by us, for the reasons given herein, on 25-9-1974. 2. According to the prosecution, on Monday, morning (10th August 1971) at about 6. a. m. The deceased together with his son and P. W. Bans had set forth from their village, Dali, for the National Highway in order to catch a bus. On the way the party met P. W. Modal Shah, the brother of the deceased, and one P. W. Haji Khan. As they knew each other, all these five persons were walking together along the brick road from Dali to the National Highway. Suddenly, near the garden of one Haji Mahmood, the three appellants appeared armed with hatchets, challenged Miral Shah and gave him hatchet blows so severe that his head was severed from the body. The appellants then ran away with their hatchets. P. W. Shah Muhammad, the son of the deceased, left the other eye witnesses to look after the body and went to Bhiria to lodge a report at the police station, but as the A. S. I. Was not present at Bhiria Police Station, P. W. Shah Muhammad went to Naushabro Feroze and lodged the report (Exh. 19) at that police station. The report was recorded by P. W. Ghulam Haider who went to the wardat and commenced investigations. He began recording the statements of the witnesses on the same day, and the next day he arrested the three appellants from their houses in a village which was about one mile from Dali village. He secured from all the appellants blood-stained hatchets and clothes all of which were stained with human blood, according to the Chemical Analyser's report (Exh. 30), therefore, in due course, the appellants were challaned under section…

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