Case Details

Citation(s)
1979 SLG 1462 1979 SLD 1462 1979 PCRLJ 365
Sindh High Court
Criminal Appeal No. 167 of 1977, 29/11/1978
Z.A. CHANNA AND SAJJAD ALI SHAH, JJ

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Liaquat Ali

VS

The State

Law:

Section:

Keywords: Recovery, Government, Grounds, Presumption, Trial Court, Defence, Life Imprisonment, Possession, Land, Prosecution, Plea, Order, Tenant, Evidence, Place, Investigation, Imprisonment, Testimony, Examination, Fine, Receipt, Conviction Result: Appeal allowed JUDGMENT Z. A. CHANNA, J. -Appellant Liaquat Ali was tried along with his brothers, Qalabali and Roshanali, by a learned Additional Sessions Judge, Larkana, in respect of an offence under section 302 read with section 34, P. P. C., for committing the murder of his sister-in-law, Mst. Mukhtar, and Yar Shah, and while the appellant's brothers were acquitted, the appellant has been convicted of an offence under section-302, P. P C. And sentenced to imprisonment for life and. Also-to pay a fine of Rs. 1,000 or in default to undergo R. I. For one year. 2. The prosecution case, shortly stated, is that Mst, Mukhtar was married to Pathan, a brother of the appellant, some years back, but a few months after the marriage, he turned her out of the house, whereupon she came and put up with her uncle, Khadim Hussain, in village Kothi Kalhoro. Taluka, Larkana. On the day of the incident, at about 4-00 p.m. Khadim Hussain filled his bullock-cart with manure and went to his land, leaving his wife, Mst. Mumtaz, his mother, Mst. Saeeda and niece. Mst. Mukhtar, in the house. After unloading the manure, hr was returning back to his house, when he heard cries of "murder" ! "murder !" coming front his house and saw the appellant and the two acquitted accused, Qalabali and Roshanali, coming out of his house at a fast space and going towards the east. On going inside his house, Khadim Hussain found the dead body of Mst. Mukhtar lying on the ground near the outer door. She had injuries on her forehead and the nape of the neck. He also found the dead body of his Zamindar and Murshid Yar Shah, lying on a cot in the courtyard of the house. He had spade injuries on his head and the brain had come out. On the cries and commotion several persons from the village turned up. Mst. Mumtaz informed Khadim Hussain that shortly after he had left with the cart of manure, Yar Shah arrived and sat on the cot. In the meanwhile, the appellant…
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