Case Details

Citation(s)
1963 SLG 3554 = 1963 SLD 3554 = 1963 PLD 541
Sindh High Court
Criminal Appeal No. 384 of 1962/Confirmation Case No. 63 of 1962, decided on 1st March 1963.  
Presented By: A. R. Khan and Feroze Nana Ghulamally, JJ  
M. H. Junejo for Appellant.   Shaikh Zahoorul Haque for A. A.-G. for
Respondent.   Dates of hearing : 20th and 21st February 1963.

JIAND-Appellant  

VERSUS

  THE STATE-Respondent  

Law:

Section:

Confession-Extra-judicial confession-Vague and indefinite statements by witnesses not to be relied upon.   Dana v. The State P L D 1957 Lah. 137 and Manzoor and others v. The State. P L D 1957 Lah. 1023 ref. JUDGMENT   A. R. KHAN, J.-In this case Jiand, son of Ali Muhammad, and his cousin Lutufali, son of Meran, Bhatis by caste residents of Wassayo Bhati village, Taluka Ratodero, District Larkana, were tried for offences punishable (1) under section 302 read with section 34, P. P. C. and (2) under section 19-E, Arms Act, by Mr. A. H. Kuresby, Additional Sessions Judge, Larkana. Lutufali was acquitted, while Rand was convicted of both the offences and sentenced by him to death subject to confirmation by this Court for the first and six months' rigorous imprisonment for the second, which he was to undergo in case the sentence of death is not confirmed. It is against these convictions and sentences that Jiand has appealed to this Court, while a reference for the confirmation of the death sentence passed upon him has been made by the learned Additional Sessions Judge under section 374, Criminal Procedure Code. By this judgment, we are disposing of both the said appeal and the reference.   According to the prosecution, the house of Jiand adjoined that of his cousin Lutufali.They had a common compound which was partly surrounded by a lora (hedge made of dried up branches of trees and bushes). Mojali, son of Mitbu, aged 40 years, was one of their servants who used to look after their cultivation. In course of time, Mojali developed criminal intimacy with Mst. Basran, wife of the appellant. Some time before the occurrence under consideration, the appellant, along with his cousin Lutufali began to suspect that his wife was in toe with Mojali. Thereupon, both the appellant and his cousin Lutufali decided to do away with Mojali whenever a suitable opportunity should offer itself to them. It was in pursuance to this plan that on the night between the 8th and 9th of May 1962, they armed themselves with guns, stealthily walked up to Mojali's cot and shot him dead. Having done so, they lost their nerves and whiled away their time sitting idly at the…
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