Law:

Section:

Keywords: Defence, Cross-Examination, Dying, Place, Dispute, Information, Trial Court, Investigation, Confirmation, Testimony, Benefit Of Doubt, Recording, Recovery, Land, Evidence, Prosecution, Set Aside, Death Sentence, Imprisonment, Money, Consideration, Fine, Leave, Examination Result: Order accordingly JUDGMENT MUHAMMAD HALEEM, J.-Appellants Jaro, Lakhmir and Qalendar Bux were tried for the murder of Muhammad Yusif and for causing grievous injuries to Adial and convicted under sections 302 read with section 34, P. P. C. And 326 read with section 34, P. P. C. On the first count, while Jaro was sentenced to death, the other two were sentenced to imprisonment for life and on the second, all the three were sentenced to three years rigorous imprisonment and to pay a fine of Rs. 500 or in default to suffer rigorous imprisonment for six months, Phullo and Shafi Muhammad were also tried but acquitted by the learned Sessions Judge, Khairpur vide judgment dated 25th of September 1974. The appellants have appealed to assail their convictions and sentences while the learned Sessions Judge has referred the case of Jaro for the confirmation of death sentence. This judgment will dispose of the appeal and the reference. 2. According to the prosecution case Yousif was the brother of Adial and they resided in village Phullan Kandtiro, taluka Khairpur. While the deceased and Adial were sitting in their otak which was in the garden at evening time when the sun was about to set on 23rd of February 1973, Lakhmir, Jaro. Qalender Bux and Shafi Muhammad who were armed with hatchets called them from outside whereupon both of them went out to meet them. Jaro and Lakhmir thereafter abused them and asked them as to why they had fought with their relative, Mahi. Yousif replied that they had not fought upon which the appellants and Shafi Muhammad gave hatchet blows to him and his brother Adial. One such hatchet blow was caused by Jaro on the head of Muhammad Yousif whereupon both of them raised. Cries which attracted Imam Bux and Manzoor who intervened and saved them from being further belaboured. Phullo, the acquitted accused, thereafter came and abused them. Muhammad Yousif and Adial…

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