Case Details

Citation(s)
1979 SLG 1458 1979 SLD 1458 1979 PCRLJ 314
Sindh High Court
Criminal Appeal No. 67 and Confirmation Case No. 17 of 1978, 04/03/1979
ABDUL HAQEE KURESHI AND SAJJAD ALI SHAH, JJ

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Amir Bux And 2 Others

VS

The State

Law:

Section:

Keywords: Copy, Surety, Custody, Prosecutor, Confirmation, False Evidence, Examination, Cross-Examination, Territorial Jurisdiction, Director, Money, Omission, Recovery, Guilty, Defence, Delivery, Mistake, Land, Seizure, Patent, F.I.R, Delay, Additional Evidence, Information, Proceedings, Fine, Conviction, Possession, Payment, Change, Premises, Permission, Jurisdiction, Substitution, False Statement, Investigation, Evidence, Conditions, Discharge, Place, Consideration, Province, Vehicle, Prosecution, Assault Result: Appeal dismissed JUDGMENT ABDUL HAYEE KURBSHI, J. -The three appellants Amir Bux, his father Khuda Bux and his cousin Mahmood were charged under section .302/34, P. P. C. By the Sessions Judge, Nawab shah and by a judgment dated 16-3-1978 each one of them was found guilty and sentenced to death. They were also ordered to pay a fine of Rs. 1,000 and in default of payment of fine they were sentenced to R. I. For one year. Appellant Mahmood was further charged under section 13-D of the West Pakistan Arms Act and was sentenced to R.I. For one year. Co-accused Sharfuddin had absconded during the trial and presumably proceedings under section 512, Cr. P. C. Have been taken against him. All the appellants have impugned the judgment of the Sessions Judge and the case has also been submitted before this Court for confirmation of the sentence of death imposed on the appellants. We propose to dispose of the appeal and the death reference by this common judgment. 2. We have heard Mr. Muhammad Hayat Junejo, Advocate for appellants Amir. Bux and Khuda Bux and Mr. Azizullah K. Shaikh, Advocate for appellant Mahmood. We have also heard Mr. S. Nasiruddin, Advocate for the State. Mr. Abdul Kadar Halepota. Advocate had been engaged privately by the complainant and since it was not objected to we have heard him also. 3. The brief facts of this case are that on 6-10-1975 at about 5-30 p.m. The two deceased Allah Bachayo and Ghulam Nabi, respectively the father and son, were returning on a scooter which was being driven by the latter to their village deh 47 Nasrat by the Pucca road from 60th mile village. When they reached near the Sui Gas Bridge the three appellants…
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