Law:

Section:

Keywords: Prosecution, Land, Imprisonment, Delay, Trial Court, Custody, Copy, Illegal, Receipt, Examination, Conviction, Benefit Of Doubt, Dying, Magistrate, Investigation, Recording, Information, Evidence, Call, Recovery, Set Aside, Maintain, Testimony Result: Appeal allowed JUDGMENT AGHA ALI HYDER, J. -The appellant was tried, along with his father, Paryal Shah, for an offence under section 302, P. P. C. The latter ham been acquitted, while the appellant was convicted and sentenced to undergo imprisonment for life. He had appealed through the jail authorities and was called for the hearing, but, in the meantime, power had been filed by Mr. Mohammad Hayat Junejo, who argued the matter. 2. The prosecution story, in brief, is that on the 31st of October 1971 a little after the sunrise, Ali Muhammad was ploughing his land. The appellant had turned up with a hatchet in hand, and had struck at the back of Ali Muhammad. Imam Bukhsh, the uncle of Ali Muhammad and some other persons, including Abdul Ghani, and Sadiq, had come to his rescue, and had taken out the hatchet, which had stuck in the back of Ali Muhammad. The motive for the attack was that, a week, or, so before the incident, Ali Muhammad, while at a game of cards with the appellant, had given the latter a beating, and he (the appellant) wanted to avenge the same. 3. Imam Bukhsh had proceeded to Pabjo Out Post, which was two and a half miles away, and lodged the First Information Report, which was recorded by A. S. I. Qamardin, in charge of the Out Post at about 11-25 a m. A copy of the 'Roznamcha' was sent to Daulatpur Police Station, and the A. S. I had proceeded with Imam Bukhsh to the "Wardat". He secured the blood-stained earth, and some articles from the "Wardat", and prepared a "Mashirnama". Thereafter, enquiries were made from P. Ws. Sadiq and Abdul Ghani. As Ali Muhammad had been taken to the Nawab Shah Police Station, the A. S. I. Proceeded there, and n1so made enquiries from some witnesses there. Before his arrival A. S. I. Rajah Ali of Town Police Station, on receipt of a letter from the Medical Officers, Nawab Shah Hospital, had gone there and arranged the recording of the dying declaration of…

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