Law:

Section:

Keywords: Conviction, Imprisonment, Delay, Land, Testimony, Fine, Life Imprisonment, Examination, Disclose, Consideration, Mistake, Care, Lands, Discharge, Prosecution, Benefit Of Doubt, Trial Court, Evidence, Recovery, Omission, Information, Refusal, Place, Set Aside, Recording, Cross-Examination Result: Appeal allowed JUDGMENT I. MAHMUD, J. -Appellant Jamalan, aged 30 years, along with acquitted accused. Haji Gullan, Bilawal and Buxo were tried by the Sessions Judge, Jacobabad for the murder of Haji Malook on 9-10-1973 under section 302/34, P. P. C. By his judgment dated 24-7-1974, the learned Sessions Judge con victed the appellant and sentenced him to life imprisonment and also to pay a fine of Rs. 1,000 or in default to suffer R. I. For 6 months. However, the other three accused were acquitted. The appellant has now filed this appeal against his conviction and sentence. 2. Briefly the facts are that the deceased was a step-son of comp lainant Haji Ghulam Muhammad and son of Mst. Pari, his wife, by a pre vious husband. The appellant is a caste-fellow and is said to be the complainant's sister's son. They lived in adjoining villages. The case of the prosecution was that on 9-10-73 at about `tipahri' time (3-30 p.m.) the deceased had gone to his land at Bahar Bhangwar in deh Bai Rip, Taluka Kashmore to collect grass. While he was returning home with the bundle of grass, he was waylaid by the appellant and the other three acquitted accused, all of whom were armed with guns, at a point about 100 paces away from the house of the complainant. They fired with their guns at the deceased who received several gunshot injuries, as a result of which he died on the spot. The incident was witnessed by the complainant and his wife, Mst. Pari, both of whom were sitting on a cot in a shed in front of their house. They rushed to the scene of the crime raising cries but were chal lenged by the accused not to come near as they had killed a `karo'. The accused then made good their escape to their houses towards the north. Leaving the dead body in the care of his wife, the complainant went to lodge the F. I. R. At Buxapur police station, some 13 miles away, which was recorded by…

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