Law:

Section:

Keywords: Assault, Defence, Maintain, Land, Recovery, Testimony, Evidence, Lands, Death Sentence, Alteration, Prosecution, Dispute, Confirmation, Prosecution Witness, Imprisonment, Conviction, Modification Result: Order accordingly JUDGMENT NAIMUDDIN J.-Abdul Hamid alias Majid son of Muhammad Ismail the appellant was tried by Mr. Khuda Buksh A. Kazi. Sessions Judge, Sanghar on charges under sections 302 and 307, P. P. C. For committing murder of Muhammad Sharif, his wife Mst. Fatima, leis daughter Mst. Shakila and his sons Arshad Azim, Muhammad Rafique and Tariq Jawed and for causing injuries to Mst. Shahina daughter of Muhammad Sharif with a spear in attempting to murder her. 2. The learned Sessions Judge, Sanghar convicted the appellant under section 302, P. P. C, and sentenced him to death subject to the confirmation of the sentence of death by this Court. He also convicted him under section, 307, P. P. C. For attempting to murder Mst. Shahina and sentenced him to imprisonment for life. 3. Abdul Hamid has filed this appeal being No. J-131 of 1975 against his aforesaid conviction. The reference under section 14, Cr. P. C. Is also before us for confirmation of the sentence of death awarded to him. We propose to deal with and dispose of the appeal as well as the reference by this judgment. 4. The prosecution case as revealed in the F. I. R. Lodged by Muhammad Din on 15-5-1973 at 7-00 a. m. At Police Station, Shahdadpur is that the complainant was a Hari of Ch. Barkat Ali. He, deceased Muhammad Sharif and the appellant Abdul Hamid resided in the same Kote where deceased Muhammad Sharif and the appellant had got their own pieces of lands, which they cultivated themselves. About 2 months before the date of incident a dispute had arisen between the deceased Muhammad Sharif and the appellant over 'Panna' of the land and they were also annoyed with each other on domestic affairs and therefore, were not on talking terms with each other. The night before the incident about 8 or 9 p, m. The complainant was at his Khara, which was near his house when all of a sudden he heard noise and cries from the house of Muhammad Sharif and ran towards it. In the meanwhile Din…

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