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Keywords: Leave, Land, Guilty, Conviction, Examination, Magistrate, Place, Investigation, Variation, Consideration, Prosecution, Evidence, Testimony, Fine, Information, Trial Court, Proceedings, Recovery Result: Appeal dismissed JUDGMENT I. MAHMUD J. -The two appellants before us are Gulaar son of Ghulam Hussain Gorchani, aged 30 years and Soomar son of Sato Gorchani abed 35 years. They were tried by the Additional Sessions Judge, Nawabsbah alongwith Shafi Muhammad and Wali Mohammad. The appellants were convicted under section 302/34, P. P. C. For the murder of Ahmed Khan son of Kashmiri Jaral aged 35 years and sentenced to transportation for life and a fine of Rs. 100 or in default to suffer R. I. For one month. Shafi Mohammad and Wali Mohammad were however, acquitted. 2. The appellants Gulzar and Soomar are cousins. They as well as the two acquitted accused and the deceased's family live in village Allah Ditto Gorchani and are known to each other. The F. I. R. Was lodged by Ghulam Mohammad (P. W. 2). The prosecution case is that on 26th June 1968, the complainant with his father Ahmed Khan, mother Tabu Begum and brother Ghulam Rasool left on foot in the morning for Dour, a distance of 3 miles away for marketing. On teaching Dour the complainant left for Nawabsbah by rail to attend lies typing class leaving the others behind to do the marketing. He returned to Dour by train at about 2-00 p. m. And met his parents and brother. After resting for same time, all of them started at about 5 or 6 p.m, to return to their village on foot. When they reached the land of Hamid Hussain Shah in Deh 51 Nasrat they saw all of a sudden four persons coming out of Juwar cultivation towards them from the northern side namely (1) Gulzar (Appellant) (2) towards (appellant) (3) Shaft Mohammad (4) Wali Mohammad. Gulzar was armed with a sword while the latter three were armed with hatchets. They saw Gulzar attack Ahmed Khan, the complainant's father with his sword, while Soomar gave hatchet blows to him. Shaft Muhammad and Wali Mohammad did not attack but threatened there not to interfere. Com plainant and his mother raised cries of 'murder', 'murder'. The complainant took to his…

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