Case Details

Citation(s)
1962 SLG 2979 = 1962 SLD 2979 = 1962 PLD 684
Sindh High Court
Criminal Appeal No. 554 of 1960, decided on 1st December, 1961.
Presented By: Illahi Bakhsh Khamisani and Inamullah, JJ  
A. S. Pirzada for Appellants Nos. 1 & 2.   Tufail Ali for Appellant No. 3.   Abdul Kadir Shaikh A. A.-G. for the State.   Dates of hearing :10th, 11th, 12th, 13th, 31st October 1961 ; 1st and 2nd November 1961.

MUHAMMAD ISMAIL-Appellant  

VERSUS

  THE STATE-Respondent

Law:

Section:

Witness-Interested and inimical to accused-Conviction cannot be based on evidence of such witnesses without corroboration.  JUDGMENT   KHAMISANI, J.-The appellant Muhammad Ismail has been convicted under sections 302, 452 and 323, P. P. C. and sentenced to transportation for life, rigorous imprisonment for five years and rigorous imprisonment for one year respectively. The appellant Mazharali Shah has been convicted under sections 452 and 323, P. P. C. and sentenced to suffer rigorous imprisonment for 7 years and one year respectively. The appellant Niaz Muhammad has been convicted under sections 452 and 323, P. P. C. and sentenced to suffer rigorous imprisonment for five years and one year respectively. The appellants have further been ordered to pay a fine of Rs. 1,000 each under section 452, P. P. C. in default of payment whereof each one of them has been ordered to Suffer rigorous imprisonment for three months. The sentences of imprisonment have been directed to run concurrently. Allah Rakhio who had also been tried along with them, has been acquitted. The appellants have filed appeals. Their appeals will be disposed of under this judgment. The facts of the prosecution case briefly are that Dr. Fateh Muhammad, who was aVeterinary Doctor in the Army, had after putting in 40 years of service retired. He was given 350 acres of land near Ghotki in recognition of the services rendered by him. His two sons, Lorasp and Ajaib Khan, were also employed in the Army and they on retirement had also settled near Ghotki in Detha Bahya village along with their father. All these three persons used to look after their land and lived in the `Haveli' which consisted of their houses surrounded by the same compound wall. It is said that the `Haveli' in which they lived was a solitary one in the locality and that the local persons were living at a considerable distance from it. One Mazharli Shah, who is said to be a `Zamindar' and a `Pir' also lived in thatlocality and was on the terms of enmity with Dr. Fateh Muhammad. The point of dispute between Mazharali Shah and Dr. Fateh Muhammad, as is alleged by the prosecution, was that Mazharali Shah did not…
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