Law:

Section:

Keywords: Land, Custody, Commission, Benefit Of Doubt, Order, Evidence, Liability, Trial Court, Failure, Recovery, Satisfaction, Magistrate, Lands, Conviction, Punishment, Procedure, Consultation, Probative Value, Leave, Production, Information, Claims, Set Aside, Examination, Provisions, Prosecution, Recording, Care Result: Appeal allowed JUDGMENT M. A. RASHID, J.-Din Muhammad was accused of killing his wile Mst. Zulekha along with the absconding accused Manik, who is step-brother of Mst. Zulekha. He was tried and convicted by Mr. T. M. Abro, Third Additional Sessions Judge, Sukkur, and was sentenced to undergo imprison ment for life. The circumstances leading to the occurrence are that about three months prior to the occurrence accused Din Muhammad along with his wife and children came from Sadiqabad and settled in Deh Goi, Taluka Ubauro, District Sukkur. He had admittedly entered into an arrangement with the complainant Alibux Shar for the cultivation of later's land and was conse quently allowed to build a but on such lands very close to the house ofAlibux. On the morning of 26th May 1971, at about S a.m. Alibux Shar heard cries coming from the but of the accused person and he rushed towards that put, holding a torch in his hand. He was followed by P. Ws. Dadlo Machi and Bakhsho Shar, who are residents within a furlong and a half of the scene of occurrence. As the complainant reached the but of the deceased he saw in the torch light that accused/appellant Din Muhammad was standing, catching hold of the legs of Mst. Zulekha, who was lying in the cot, while Manik, the absconding accused, was delivering sharp side hatchet blows on her face and head successively. Accused Manik ran towards the north along with the hatchet and appellant Din Muhammad was caught by the com plainant and P. Ws. Dadlo Machi and Bakhsho Shar. The deceased died within a short time within the sight of the complainant and other witnesses. The complainant stated in the F. I. R., which he lodged at 7 o'clock at Police Station Daharki at a distance of 7 miles, that the accused told him that his wife was on illicit intimacy with one Gulzar Dasti and that people used to taunt him for that that…

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