Law:

Section:

  (On appeal from the judgment and order of the Chief Court of Sind at Karachi, dated the 11th July 1955, in Confirmation Case No. 20 of 1955 and Criminal Appeal No. 116 of 1955).   Appeal to Supreme Court ---Criminal appeal-Sentence, quantum of-Federal Court does not entertain question of, unless sentence illegal or grossly improper. Date of hearing : 2nd February 1956.     JUDGMENT SHAHABUDDIN, J.-- The appellants Ali Muhammad, Andal, Qaim and Hazur Bux. were convicted along with five other` by the Sessions Judge of Larkana of offences punishable under sec tions 147, 148, and sections 323, 325 and 302/149, P. P. C. and which the appellants Ali Muhammad, Andal and accused Ilahi Bakhsha were sentenced to death for murder, the other accused per sons including the appellants Qaim and Hazur Bux were awarded the lesser sentence of transportation for life. All the accused persons were sentenced to various terms of imprisonment for other offences. On appeal the Chief Court of Sind acquitted) all the accused, except the four appellants. The appeal was dismissed as far as appellants Hazur Brtx, Qaim and Ali Muhammad were concerned and the death sentence imposed on Ali Muhammad was confirmed. In respect of appellant Andal the sentence was reduced from death to transportation for life. This. is an appeal by special leave from the judgment of the Chief Court. The case for the prosecution was as follows. In respect of certain land in Deh Mithodero in Taluka Larkana a dispute had arisen between the prosecution witness Bakhir and accused Ali Nawaz who was acquitted by the Chief Court. They applied to Government for the land and at first it was granted to Ali Nawaz, but on appeal filed by witness Bakhir the Revenue Officer granted the land in dispute to Bakliir by his order dated 30th July 1953. The purchase money was paid and Ijazatnama dated the 5th December 1953 was obtained by Bakhir for taking possession of the land; but there was resistance from accused Ali Nawaz and ultimately Bakhir got possession on the 26th May 1954, with the Police aid. The Police constable who was deputed to aid the handing over of possession, found the party f the appellants…