Law:

Section:

Keywords: Registered, Examination, Inter Se, Land, Investigation, Property, Prosecution, Death Sentence, Place, Disclose, Set Aside, Evidence, Benefit Of Doubt, Magistrate, Dispute, Conviction, Money, Severed, Confirmation, Proceedings, Description, Proposals Result: Appeal allowed JUDGMENT JAMALUDDIN H. AHMED, J. The two appellants were tried and convicted for offence under section 302/34, P. P. C. And sentenced to death by IInd Additional Sessions Judge. Sukkur. They have assailed the said conviction and sentence through this appeal and the case is also sent for confirmation of death sentence. 2. The prosecution case, shortly stated, is that on 30th June, 1971, deceased Arab, alongwith his nephew P.W. Khair Mohammad, left for village Nebhaoo. On the way the appellants both armed with hatchets, attacked deceased Arab and killed him, Khair Mohammad raised cries, and witness Manghio came up from the western direction and saw the occurrence. The appellants who had severed the head of the deceased from the body besides inflicting other injuries on him, then ran away. While Manghio stayed near the dead body, Khair Mohammad came running to the village and informed complainant Allahdino, the brother of the deceased. They alongwith Mangal, Kandero and some others then went over to the place, and saw what. Had occurred. Allahdino, complainant proceeded first to Adilpur Police Outpost and thereafter to Ghotki Police Station where they lodged this report. 3. Head Constable, Wasi Hyder, who was the Incharge at Ghotki Police; Station registered the F. I. R. Of Allahdino at 4 p.m. And proceeded to the wardat where he prepared the mashirnama of the same in presence of mashirs Ismail and Bahar. The head of the deceased Arab was lying separate at a distance of 6/7 paces from the body. He secured the blood stained earth and a pair of slippers, said to be left over by the culprits, and then sent the dead body for post-mortem examination to Medical Officer, Pano Akil. He recorded statement of Khair Mohammad, Manghio, Kandero and Mangal and on the next day at G a.m. Arrested the appellants from their house, and secured their stained clothes in the presence of the same mashirs. The…

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