Law:

Section:

Keywords: Evidence, Imprisonment, Death Sentence, Minutes, Liability, Examination, Parties, Investigation, Conviction, Place, Defence, Receipt, Confirmation, Provisions, Offences, Government, Guilty, Exception, Responsibility, Orders, Modification, Exchange, Custody, Prosecution, Order, Juvenile Offender, Certificate Result: Order accordingly JUDGMENT MUSHTAK ALI KAZI, J.-The appellants have been convicted by the IInd Additional Sessions Judge, Hyderabad for offence under section 302 read with section 34, P. P. C. And they have been sentenced to death. The convicts have accordingly preferred this appeal and there is also a reference by the Additional Sessions Judge for confirmation of the death sentence. 2. The prosecution case in brief is that complainant Allauddin along with his two sons, Abdul Jabbar and Abdul Razzaq resided in a quarter in Unit No. 11, Latifabad, Hyderabad. Accused Farooq a boy of about 18 years and his brother Siddiq a boy of about 15 years resided in the quarter along with their mother. The complainant and his sons were running a biri making Karkhana in their quarter. About 3 days prior to the incident, which occurred on 23rd August 1973 a petty quarrel had taken place between the parties. The labourers engaged by Allauddin had taken a few bricks lying in front of the house of the appellants and had put them in their "tachari". Appellants Siddiq and Farooq abused the labourers when Allauddin and his sons Abdul Jabbar and Abdul Razzaq intervened and offered to return the bricks to them. The mother of the two boys, however, continued to abuse Allauddin and others and they accordingly went into their quarter and put an end to the quarrel. 3. On the day of the alleged incident at about 6-30 p. In. Allauddin and his two sons Abdul Jabbar and Abdul Razzaq were standing outside their quarter on the road when appellants Farooq and Siddiq happened to pass by them. Appellants expressed annoyance because their mother bad been abused by them during the aforesaid quarrel. This led to an exchange of hot words between the parties. This quarrel was being witnessed by P. Ws. Mohammad Mobeen and Rustam who were preparing biris in the Karkhana situated in…

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