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By this judgment I propose to dispose of Criminal Appeal No. 112 of 1992 preferred by appellant Khanan son of Usman Dahar and Criminal Appeal No. 113 of 1992 filed by appellants Ghulam Hussain and Bago both sons of Umar Dahar. They were tried separately by the learned Additional Sessions Judge, Naushero Feroze who by his common judgment dated 26-4-1992 convicted all the appellants under section 302/149, P.P.C. and sentenced each of them to imprisonment for life and fine of Rs.20,000 or in default to suffer R.I. for one year more for the murder of deceased Ahmed Khan. All the appellants are also convicted under section 302/149, P.P.C. for ' the murder of deceased Din Muhammad and sentenced to suffer imprisonment for life and fine of Rs.20,000 or in default to undergo R.I. for one year more. The sentences for the two counts of murder were ordered to run consecutively. By the same judgment coaccused Nawab and Kazi Oamar were acquitted while co-accused Ibrahim was also acquitted having compromised with the legal heirs of the deceased. The appellants have challenged their conviction and sentence under these appeals.

The facts of the case are that on 9-7-1982 complainant Khuda Bux son of Ranjho lodged FIR No. 99 of 1082 at P.S. Moro alleging that on the same day he had gone to Deparja Town and on his way back Ahmed Khan, Din Muhammad, Muhammad Idrees, Muhammad Bachal, Sher and Rahim Dahar accompanied him. At about 11 a.m. when they reached near the garden of Rais Muhammad Yakoob, at that time accused Bago and others emerged from the bushes. At that time Bago, Khanan and Manzoor were aimed with guns while accused Ghulam Hussain alias Salahuddin, Ibrahim, Nawab and Kazi Qamar were armed with hatchets. Accused Bago fired directly at Ahmed Khan, then Khanan fired directly at Din Muhammad while Manzoor fired at Idrees. Thereafter accused Ghulam Hussain gave hatchet blows to Ahmed Khan, Ibrahim gave hatchet blows to Din Muhammad, Nawab caused hatchet blows to Idrees and Ghulam Hussain also caused hatchet blows to Bachal. The complainant, P.W. Sher and P.W. Rahim had taken shelter behind the trees while the accused persons went away raising slogans. The complainant and others saw that Ahmed Khan and Din Muhammad had expired while Idrees and Bachal were injured. After they removed the injured to hospital Moro, the complainant went and lodged the report at P.S. Moro.

The report lodged by the complainant was recorded by P-W-10 Muhammad Hassan S.H.O. P.S. Moro who himself took up the investigation of the case. He proceeded tothe Government Hospital Moro where he noted the injuries -on the person of Idrees and Bachal in presence of witnesses Naban and Ghularn Muhammad under memo. Exh.14-A and also recorded their statements. He then proceeded to the place of Wardat which was pointed out by the complainant, he inspected the Wardat in the presence of same witnesses and prepared memo. Exhs.14-B. 16 the presence of same witnesses, he prepared Inquest Reports Exhs.14-C and 14-D in respect of the deceased and then he sent the dead bodies of Ahmed Khan and Din Muhammad for post mortem -examination. On 10-7-1982 he arrested accused Nawab, Ibrahim, Kazi Qamar and Ghulain Hussain alias Salahuddin in presence of Mashirs Jamoon and Bagh Ali under Mashirnamas Exhs.19-A and Exh.19-B. They. Also produced hatchets which were also secured by him under memo Exh.19-C an ' d Exh.19-E and the same were also sealed at the spot. On 12-7-1982 he also arrested accused Manzoor who produced a gun, which was secured under memo. ExhJ and Exh.K in the presence of same witnesses. Accused Bago was arrested on 16-7-1982 who also produced a gun, he secured the sanic under memo. Exh.19H and Exh.19-1 respectively attested by the same Mashirs. After completing the investigation, he handed over the papers to his successor as he was transferred. Before his transfer, he had sent the incriminating articles to the Chemical Examiner, he received the report Exh.23-A. He had also sent the fire-arms to the expert for report, he received the same Exh.23-B. The challan was submitted by his successor.