Case Details

Citation(s)
1976 SLG 1057 1976 SLD 1057 1976 PCRLJ 593
Sindh High Court
Criminal Appeal No. 71 of 1972, 25th September, 1974
MUHAMMAD HALEEM AND Z.A. CHANNA, JJ

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Gul Bahar

VS

The State

Law:

Section:

Keywords: Irrigation, Cross-Examination, Minutes, Prosecution, Examination, Place, Evidence, Testimony, Conviction, Plea, Exception, Defence, Land, Benefit Of Doubt, Information, Leave, Recording, Investigation, Discharge, Period, Delay, Offences Result: Appeal allowed JUDGMENT Z. A. CHANNA, J.-Appellant Gul Bahar was tried by the learned Sessions Judge, Jacobabad, in respect of offences punishable under sections 302 read with 34 and 201, P. P. C. And under section 13(d) of the West Pakistan Arms Ordinance, 1965, for the murders of Atta Mohammad and Mst. Arbeli, for causing evidence in respect of the murder of Mst. Arbeli to disappear and using an unlicensed fire-arm. He was acquitted of the offences relating to the murder of Mst. Arbeli and causing evidence in respect of her murder to disappear, but has been convicted for the murder of Atta Mohammad and also for having used an unlicensed fire-arm, and on the first count he has been sentenced to transportation for life and on the second count to suffer six months R. I. The appellant has preferred an appeal from jail to assail his convictions, but later on he engaged a counsel, who has argued this appeal before us. 2. According to the prosecution version, Atta Mohammad was killed on 3-3-1971, at sunset time, in the uncultivated land near Bahadur Minor, three miles from Karim Bux P. S. In Jacobabad District. The prosecution case is that on the day of the incident, at about Tepahri time, deceased Atta Mohammad and his cousin, complainant Baggan, were returning from Piaro Village, where they had gone to enquire about the health of their cousin, Gulab, when on the way, near Bahadur Minor, the appellant, his brother Rato and his cousin Hashim the latter two are said to be absconding-suddenly emerged from an old disused channel and fired several shots from their guns at Atta Mohammad, who fell down and died on the spot. Besides complainant Baggan, the incident is said to have been witnessed by Misri and Piaro, who lived in a nearby village and were attracted on hearing the gun shots. After killing Atta Mohammad, the appellant and his two companions are said to have gone to the nearby louse of Abdul Rahim, dragged out…
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