Case Details

Citation(s)
1976 SLG 997 1976 SLD 997 1976 PCRLJ 1383
Sindh High Court
Criminal Appeal No. 178 and Confirmation Case No. 48 of 1974, 16th March, 1976
MUSHTAK ALI KAZI AND MIR KHUDA BAKHSH MARRI, JJ

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Peer Bux

VS

The State

Law:

Section:

Keywords: Exception, Production, Evidence, Confirmation, Conviction, Exchange, Consequences, Concealment, Dying, Necessity, False Evidence, Defence, Interference, Place, Disposed Of, Information, Death Sentence, Plea, Intervention, Prosecution, Apprehension, Investigation, Private Defence, Dispute, Magistrate, Amicably, Testimony, Trespassing, Trial Court, Examination, Land, Lands Result: Appeal dismissed JUDGMENT MUSHIAK ALI KAZI, J.-The appellant leas been convicted by Additional Sessions Judge, Dadu for an offence under section 302, P. P. C. And sentenced to death. His appeal as well as reference for confirmation of the death sentence are before us and will be disposed of together by this judgment. 2. The facts of the prosecution case in brief are that on 26th September 1971 at 3-30 p.m. Buffaloes of appellant Pir Bux tees-passed into the cultivation of Dhani Bux. There was a quarrel between the appellant and Dhani Bux but at the intervention of complainant Uried Ali the quarrel subsided. Thereafter Dhani Bux accompanied Umed Ali to the otak of Arshad Ali good man of the village to complain about the conduct of Pir Bux. Meanwhile appellant Pir Bux and his brother Din Muhammad came there. Pir Bux was armed with a hatchet while Din Muhammad was empty handed. Din Muhammad tried to pursuade Dhani Bux not to make a complaint and to settle the matter privately. However, there was exchange of hot words between deceased Dhani Bux and Pit Bux as a result of which Pir Bux dealt a hatchet blow with sharp side on the head of Dhani Bux, Pir Bux -s brother Din Muhammad is then said to have given fists and kicks to Dhani Bux also. On the noise, P. Ws. Muhammad Hashim, Muhammad Uris and Kamaluddin also arrived there and at their intervention the fight ended. Deceased Dhani Bux narrated to the witnesses how the quarrel had started. Complainant Umed Ali then went to Khairpur Nathan Shah Police Station situated at a distance of about one mile and lodged the F. I. R. Within one hour of the incident. The S. H. O. Directed the complainant to produce the injured. While Umed Ali was bringing the injured to the police station from the village the injured went unconscious and never…
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