| Citation(s) |
|---|
| 1979 SLG 1494 1979 SLD 1494 1979 PCRLJ 455 |
Sindh High Court
Criminal Appeal No. 51 of 1977, 06/11/1978
SAJJAD ALI SHAH. AND Z.A. CHANNA, JJ
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Criminal Appeal No. 51 of 1977, 06/11/1978
SAJJAD ALI SHAH. AND Z.A. CHANNA, JJ
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Bachal Alias Mukhtiar And Another
VS
The State
Law:
Section:
Keywords: Payment, Cross-Examination, Custody, Interference, Investigation, Survey, Factum, Omissions, Maintain, Imprisonment, Damages, Minutes, Evidence, Order, Examination, Inter Se, Trial Court, Care, Fine, Place, Land, Life Imprisonment, Punishment, Conviction, Recovery, Delay, Testimony, Prosecution, Defence, Registered Result: Appeal dismissed JUDGMENT SAJJAD ALI SHAH, J. -This appeal has been filed by appellants named above against the judgment dated 15-2-1977 passed by the Second Additional Sessions Judge, Larkana, whereby both appellants have been convicted for offence under section 302/34, P. P. C. For having committed murder of Ghousal Shah in furtherance of their common intention by causing him knife injuries on 26-12-1975 at about 3 p. m. And sentenced to life imprisonment and a fine of Rs. 1,000 each, in default of the payment whereof further R. I. For two years. Shortly stated prosecution case is that on the day and time of incident mentioned above, deceased Ghousal Shah alighted from bus followed by his nephew Ali Murad Shah on the road leading from Ratodero to Naudero when both appellants armed with knives attacked deceased and inflicted injuries on him resulting in his death on the spot. Appellants then-ran away with their knives. On the cries P. W. Sher Muhammad Shah complainant was attracted to the spot. P. W. Amir Ali Shah, a young boy of 12 years and Usman Khokhar, who were sitting on the culvert at a distance of about 40 feet also saw the incident. After the departure of appellants, witnesses, mentioned above went near and found that Ghousal Shah had expired in consequence of knife injuries. Leaving other witnesses near the dead body Sher Muhammad Shah repaired to the Police Station, Ratodero at a distance of 3 miles, where F. I. R. Was registered at 4-00 p. m. On the same day. Motive is stated to be the fact that deceased had abducted Mst. Panah Khatoon, mother of appellant Bachal alias Mukhtiar about 8-9 years before the incident and married her, which was resented by Mukhtiar and his cousin Ikhtiar. After registering F. I. R. Khursheed Hassan S. H. O. Came to the spot, recovered blood-stained earth, prepared inquest report, rnashirnama…
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