Law:

Section:

Keywords: Prosecution Witness, Investigation, Consideration, Testimony, Place, Grazing, Defence, Conviction, Information, Acceptance, Prosecutor, Order, Delay, Inter Se, Exception, Prosecution, Examination, Set Aside, Recording, Prima Facie, Claims, Period, Recovery, Evidence, Office, Imprisonment, Records Result: Appeal allowed JUDGMENT TUFAIL ALI REHMAN C. J-The two appellants, the deceased Tagial and all the principal prosecution witnesses, with the possible exception of one of the eye-witnesses namely Ali Madad, lived at the relevant time in the village of Gahejo, Taluka Garri Yawn to the District of Sukkur. On the 27th July 1970, it is the case of the prosecution that Tagial had gone to visit his relations and was returning to his village at about Katchi Manjhand time which would mean roughly between 11 a.m. And 12 noon) when at about 1 miles from his own village, he was attacked by the two appellants Roshan Ali and Muhammad Khan, who are brothers-in-law inter se and received four hatchet injuries at their hands on account of which he died. The incident is said to have been witnessed by two persons namely Rasool Bux and Ali Muhammad. The first of these was grazing his cattle between the Rice Canal and Warah Canal and was attracted by cries coming from the direction of Warah Canal on account of which he went there anti saw that the two appellants were inflicting injuries upon the deceased. At about that time Ali Madad who, according to himself was then residing in Madhaji was coming upon a bicycle from a place called Allahdadani and passed by the path and therefore he too witnessed the crime. The two witnesses say that the appellants told them not to come near as they were taking revenge and thereafter the appellants threw the dead body in the canal and ran away. Rasool Bux then went to his village that is to say Gahejo where he informed Shah Muhammad, who is a cousin of the deceased of the incident and both Shah Muhammad and Rasool Bus then went to the witness Allah Bux, also a resident of Gahejo and a brother of Rasool Bux and all three then came to the scene and were again given the story by Ali Imdad They then took out the dead body from the canal and…

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