Law:

Section:

Keywords: Examination, Death Sentence, Consideration, Order, Information, Rape, Guilty, Confirmation, Place, Land, Lands, Cross-Examination, Notice, Call, Testimony, Period, Defence, Prosecution, Benefit Of Doubt, Dispute, Refusal, Government, Trial Court, Interference, Conviction, Evidence, Practice, Recovery Result: Appeal dismissed JUDGMENT Z. A. CHANNA, J. -Appellant Wali Muhammad, a young man of about 20 years of age, has been sentenced to death under section 302, P. P. C., by a learned Sessions Judge, Hyderabad, on the charge of committing the murder of his relation, Muhammad Ismail. Two other persons, namely, Uris and Noor Muhammad, who were jointly tried with the appellant, were given the benefit of doubt. The appellant has preferred an appeal against his conviction and sentence and his case is also before us for the confirmation of the capital sentence awarded to him. This judgment will dispose of both the appeal and the reference for confirmation. 2. The incident resulting in the murder of deceased Ismail occurred on 28-2-1974, at about 3-00 p.m. In the uncultivated land about a call's distance away from the village of the deceased and first informant, Muhammad Arif. The first information report of the incident was lodged promptly the same day at 3-30 p.m. At police Outpost, Kadhan, which is at a distance of one furlong from the scene of offence. On the day of the incident, deceased Muhammad Ismail was to be married to Mst. Fatima daughter of Ali Muhammad. Over the hand' of Mst. Fatima there was a dispute as on the one hand the deceased was anxious to marry her and on the other hand Tamachi, who is Nekmard of the village demanded her hand for the appellant. Ali Muhammad, however, preferred Ismail and accordingly rejected the proposal of Tamachi. This rejection, which is stated to have occurred about 2 months prior to Ismail's murder, is said to have angered Tamachi and the appellant who refused to participate in the marriage ceremony of Muhammad Ismail despite their relationship with Muhammad Ismail and the entreaties of the other relations. It is alleged that on the day of the incident, the deceased and first informant Muhammad Arif bad taken their…

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