Law:

Section:

Keywords: Place, F.I.R, Dying, Conviction, Registered, Examination, Evidence Result: JUDGMENT G. M. SHAH, J. -The appellant was convicted of an offence punishable under section 302, P. P. C. By the learned Ist Additional Sessions Judge, Khairpur, who by the judgment dated 25-3-1976, sentenced him to death and also to pay a fire of Rs. 500 or in default to undergo R. I. For six months. He has preferred this appeal against the said judgment. There is also a reference under section 374, Cr. P. C. This judgment will dispose of both, the appeal, as well as, the reference. 2. The deceased Din Mohammad son of Lal Khan Pathan was the Contractor of brick-kiln situated in Nandhi near Thari, Mirwah District Khairpur. His brother Wazir Khan and their father, as well as, cousin Qutubuddin were residing at Khandyari. On 17-6-73, in the early morning the deceased had gone to Khandyari to see thaw. He wag returning from there, alongwith his cousin Qutubuddin, in the morning at about 9 a. m. To Thari Town- When they reached the `chousool' in the middle of the town, they saw the appellant, who was also related to the deceased, coring from the opposite direction. As soon as the appellant came near them, he took out a revolver from his fold, under the shirt, and challenged them and started firing at the deceased, who started running. The appellant continued firing at the deceased who was hit on the right arm and on the right side, as well as, on his back. To save his lift, the deceased continued running towards east of Mirwah Town towards the canal. The appellant shot at him 4th time. On the cries raised by the deceased, his cousin Qutubuddin and P. Ws. Ghulam Mohammad and Mohammad Chuttal also reached there and challenged the appellant. So many other people of the town had also collected there. As a result of the injuries, the deceased fell down on the inspection path of Mirwah Canal. On seeing the witnesses coming, the appellant tried to escape with the revolver, but he was challenged and surrounded by the…

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