Law:

Section:

Keywords: Inter Se, Set Aside, Magistrate, Place, Custody, Property, Removal, Possession, Evidence, Examination, Care, Death Sentence, Parties, Trial Court, Certificate, Testimony, Payment, Recording, Licences, Confirmation, Investigation, Conviction, Recovery, Receipt, Fine, Cross-Examination, Abduction, Prosecution, Proceedings, Defence, Order, Benefit Of Doubt Result: Appeal accepted JUDGMENT SAJJAD ALI SHAH, J. -Above-named appellants have filed appeal against the judgment dated 5-11-1977 passed by learned Sessions Judge, Dadu, whereby be has convicted all the appellants under section 302/149, P. P. C. And sentenced them to death and a fine of Rs. 1,0.0 each, in default of the payment whereof R. I. For six months. They have been further convicted under section 148, P. P. C. And sentenced to R. I. For 12 months each, under section 325/149, P. P. C. To R. I. For 12 months and a fine of Rs. 500 each, in default R. I. For three months. Appellants Saleh and Allah Rakhio are convicted under section 13-D, Arms Ordinance and sentenced to 12 months' R. I. Each. There is also before us reference for confirmation of death sentence and we propose to dispose of both by single judgment. Shortly stated prosecution story is that about five or six years before the incident one Mst. Hatul daughter of Ibrahim Lund was abducted by appellant Patio and Mevo Lund and such report was lodged at Police Station, Bban. Mst. Hatul was recovered and produced before Civil Judge and F. C. M., Dadu, where she made a statement that she apprehended daughter to her life from her relatives and as such request was made by her that she be given in custody to Nakmard Ghulam Muhammad Khan. The Court ordered accordingly and she was given in custody to Ghulam Muhammad Lund. Afterwards relatives of Mst. Hatul filed proceedings under section 107, Cr. P. C. Against Ghulam Muhammad and strongly objected to the custody of Ghulam Muhammad and spread rumours that he was on illicit relations with Mst. Hatul. Subsequently one Allah Rakhio claiming guardianship of Mst. Hatul filed application in the Court with a prayer that Mst. Hatul be given in custody to Mubarak Lund. The Court ordered accordingly.…

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