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Keywords: Testimony, High Court, Trial Court, Evidence, Delay, Recording, Possession, Recovery, Examination, Prosecution, Place, Grievance, Contentions, Omission, Exception, Inter Se Result: Appeal dismissed JUDGMENT MUHAMMAD HALEEM, J.-Respondents Malhi and Daru, who are brothers inter se, were tried for the murder of Abdul Wahid and acquitted by the II Additional Sessions Judge, Hyderabad, vide judgment dated 9th January 1971. The State has appealed against their acquittal, while Shah Mir, the brother of the deceased, has filed a revision (No. 127/71) also against acquittal of the respondents. This judgment will dispose of the appeal and the revision. 2. According to the prosecution case, the deceased and his brother, Shah Mir, resided in village sujawal Raby, Taluka Hala. In the morning of 22nd June 1969, the deceased left for Saeedabad for purchasing necessi ties of life. After midnight, his nephew Dhanibux Raha, who resided in Tando Adam, came to his village and woke Shah Mir and told him that he had met the deceased in the Bazar at Saecdabad and both of them had left for village Sajawal after the deceased had made purchases acid as they reached 'huri' (cluster of trees) of Gul Rahu, the respondents, whom he identified in the moonlight, attacked the deceased with their hatchets who was going ahead of him. The deceased raised his hands to ward off the blows and also attempted to run back when he was again given hatchet blows on his head, as a result of which he fell down. Thereupon, he raised cries but did 'not go near the assailants as he was empty-handed. He also told him that as the respondents were escaping 'one' Bilawal Rahn also saw them. After the respondents had escaped he discovered that they had taken away his watch, boski turban and the bundle containing the articles purchased by him and that leaving Bilawal Rahu at the wardat he had come to inform him. Hearing about the death of his brother, Shah Mir and others went to the wardat, where he saw the deceased lying dead with hatchet injuries. He lodged the F. I. R. At Police Station Saeedabad at 7-45 a.m. On 23rd June 1969, which was recorded by Haji Muhammad Lal S. H. O. Giving out the motive,…

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