Law:

Section:

Keywords: Non-Cognizable, Conviction, Consideration, Prosecution, Recovery, Death Sentence, Receipt, Imprisonment, Fine, Lands, Examination, Testimony, Dispute, Magistrate, Order, Cross-Examination, Procedure, Production, Trial Court, Inter Se, Confirmation, Prosecution Witness, Evidence, Set Aside, Commission Result: Appeal allowed JUDGMENT ABDUL QADIR HALEPOTA, J. -The appellants Haji Ban, Imam Baksh and Mounder were tried by the learned Additional Sessions Judge, Dadu for the murder of one Umer son of Osman Sehro. By judgment dated 21-8-1975 all the appellants were convicted and sentenced to death, and each of them was also sentenced to pay a fine of Rs. 1,000 or in default thereof to suffer rigorous imprisonment for six months more in case the sentence of death was not confirmed. The appellants have appealed against their conviction and sentence and a reference has also been made by the learned Additional Sessions Judge, Dadu for confirmation of the death sentence awarded to the appellants. This judgment will dispose of both the appeal and the reference. For the sake of convenience the appellants are hereinafter referred to as `the accused'. 2. The prosecution case is that the deceased Umer, his son Bashir Ahmed and informant Mohammad Ismail were returning from the lands after cutting grass on the morning of 14-9-1973 and when they reached on the Bhan Chinni Katcha Road, near village Tajuji, ail the accused who were armed with hatchets came out from a cotton cultivation. The accused Haji Jian stopped deceased Umer and gave him a hatch blow and the deceased fell down. There after the other two accused tightly held the deceased at the instance of the accused Haji Ran who chopped off the head of the deceased with the hatchet blows. P. W. Lal Baksh was attracted on the cries and he saw the incident. All the accused thereafter went away. P. Ws. Ismail, Bashir and Lal Baksh found that Umer had died. Lal Baksh and Bashir kept watch over the dead body and Ismail went to Bhan Police Station to lodge report. The First Informa tion Report was recorded by the Station House Officer, Bhan, on 14-9-1973, at 11-11 a.m. 3. Upon the receipt of this report Habibuddin, S. H.…

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