| Citation(s) |
|---|
| 1979 SLG 1425 1979 SLD 1425 1979 PCRLJ 1060 |
Sindh High Court
Criminal Appeal No. 280 of 1977, 07/01/1979
Z.A. CHANNA AND SAJJAD ALI SHAH, JJ
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Criminal Appeal No. 280 of 1977, 07/01/1979
Z.A. CHANNA AND SAJJAD ALI SHAH, JJ
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Mundhoo And 2 Others
VS
The State
Law:
Section:
Keywords: Discharge, Defence Witness, Compensation, Default In Payment, Conviction, Consideration, Life Imprisonment, Registered, Recovery, Impugned Judgment, Imprisonment, Evidence, Prosecution, Inter Se, Communication, Trial Court, Defence, Benefit Of Doubt, Recording, Examination, Adequate, Order, Commission, Place, Claims, Set Aside, Cogent Reasons, Investigation, Payment, Testimony, F.I.R, Divorce, Cross-Examination, Presumption, Care Result: Appeal accepted JUDGMENT SAJJAD ALI SHAH, J.--Above-named three appellants have filed this appeal against the judgment dated 1st November, 1977 passed by the learned Sessions Judge, Jacobabad, whereby they have been convicted under section ?02/34, P.P.C. And sentenced to life imprisonment each on two counts and to pay compensation of Rs. 500 under sec tion 544-A, Cr. P. C. In case of default of payment of compensation, they have been ordered to suffer R.I. For three months. The appellants have also been convicted under section 13-D of the Arms Ordinance and sentenced each to R.I. For 12 months. It has further been directed in the impugned judgment that the substantive sentences are to run con currently and if there is a default in payment of compensation, the sentences are to run consequently. Shortly stated prosecution case is that appellants Mundhoo alias Ghulam Hussain and Hashoo alias Ghulam Muhammad are brothers inter se and are sons of Abdul Nabi. Appellant Muhammad Hassan, son of Ahmad Brohi is maternal cousin of the brother-appellants men tioned above. Deceased Mst. Sat Bhai was married to Abdul Nabi and from that marriage she gave birth to appellants Mundhoo and Hashoo, who were very young boys when about 20-25 years ago she left Abdul Nabi and married deceased Ghulam Muhammad, with whom she was living till the time of incident. Appellants Mundhoo and Hashoo continued to live in the house of their father Abdul Nabi and were separated from mother. They bore grudge against their mother Mst. Sat Bhai for having deserted them in childhood and marrying deceased Ghulam Muhammad. On the night of incident, i.e. The night between 3rd and 4th October, 1976 at about 2-00 a.m. P. Ws. Kadir Bux and Muhammad Siddique, who…
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