Law:

Section:

Keywords: Consideration, Inadmissible, Jurisdiction, Erection, Prosecution, Ulterior Motive, Set Aside, Confirmation, Intimation, Delay, Partition, Magistrate, Parties, Benefit Of Doubt, Endorsement, Examination, Information, Trial Court, Conviction, Cross-Examination, Judgment Of The Trial Court, Copy, Order, Minutes, Defence, Evidence, Testimony, Omission, Place, Dispute, Recovery, Investigation, Grievance Result: Appeal allowed JUDGMENT ABDUL HAFEEZ MEMON, J.-Appellant Ali Nawaz and Ali Murad along with co-accused Muhammad Murad were sent up to stand their trial in the Court of Ist Additional Sessions Judge, Khairpur, on the charge under section 302 read with section 34, P. P. C. For committing murder of one Mehar. The trial Court acquitted Muhammad Murad for lack of evidence, but convicted the appellants on the said charge and sentenced Ali Nawaz to death and Ali Murad to R. I. For life. They have appealed against their conviction and sentence, and the case is also before us on reference under section 374, Cr. P. C. For confirmation of the sentence of death passed on Ali Nawaz. By this judgment we propose to dispose of both the appeal as well as the reference. The incident took place on 1-8-1972, at about 5 p. m. On the railway platform of Tando Masti Khan Railway Station and was reported by P. W. Kalandar Bux on the same evening at 8-20 p.m. At the Railway Police Out post, Gambat and was entered in the Roznamcha by P. W. 13 Head Constable Muhammad Iqbal in the following words :- "The complainant stated that today, i.e. 1-8-1972 1 along with my mother Mst. Hidayat Khatoon widow of Sher Khan by caste Mari Baloch resident of Rahoja near Shikarpur District Sukkur had started journey from Shikarpur to Bhit Shah in Lunda Train. My mother was travelling in a separate 3rd Class Compartment while I and present deceased namely Mehar son of Bakhsho by caste Mari Baloch resident of Karoondital : Faiz Gunj District Khairpur who is my relative and was coming back after leaving his wife with her parents at Shikarpur and was going back to his house were travelling together by the same Lunda Train. Deceased Mehar invited me to stay with him as a guest for a day or two and…

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