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S. A. MAHMOOD, J.-----This appeal is by Kak alias Abdul Razzak, who has been sentenced to death for committing the murder of Ghulam Mustafa by firing at him with a gun at about 4 a. m. on the 19th of July 1962, at village Bhitshah. The case is also before us for confirmation of the death sentence. The appeal and the reference will be disposed of by this judgment.   The appellant Kak is a first cousin of Toot (P. W. 7), whose wife is the sister of Ghulam Mustafa deceased. Kak appel lant had demanded the hand of Mst. Maryam, daughter of Toot P. W., but he had refused, and this had annoyed him. He had, therefore, threatened to kill him. Ghulam Mustafa deceased had told him that he could not do any harm to Toot so long as he was with them. Toot was, however, frightened by the threat of the appellant and he migrated to Village Jam Nawaz Ali, in the District of Sanghar, along with his family, about nine months before the occurrence.   On the 18th of July 1962, Ghulam Ali (P. W. 3), Sain Dino (P. W. 4), Araz Muhammad (P. W. 5) and Ghulam Mustafa deceased went to see the fair at Bhitshah in connection with the anniversary of Shah Bhitai. They also came across Allah Bakhsh in that fair, and he joined them. At night, they went to see a circus show in the fair and remained there till about 2 a, m, After seeing the circus show, they went to the quarter of Sodho (P. W. 6) in order to sleep there during the remaining portion of the night. Sodho P. W. provided them with two cots. Ghulam Mustafa deceased slept on one cot and Allah Bakhsh on the other. The remaining three, namely, Ghulam Ali, Sain Dino and Araz Muhammad, slept on the ground. It was a moonlit night, being the 16th of the lunar month. At about 4 a.m., they were awakened by the report of. a gunshot and saw two persons standing by the side of the cot of the deceased. Of them, Kak appellant was armed with a gun. and his companion, who was unknown to them, was holding a danda. Ghulam Ali and Araz Muhammad P. Ws. identified Kak appellant. He is in fact related to them also, but Sain Dino did not know him before. Kak appellant threatened them to keep quiet, or other wise he would kill them also. Sain Dino P.…