| Citation(s) |
|---|
| 1979 SLG 1505 1979 SLD 1505 1979 PCRLJ 625 |
Sindh High Court
Criminal Appeal No. 158 and Confirmation Case No. 31 of 1978, 5th February, 1979
SAJJAD ALI SHAH AND ZAFFAR HUSSAIN MIRZA, JJ
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Criminal Appeal No. 158 and Confirmation Case No. 31 of 1978, 5th February, 1979
SAJJAD ALI SHAH AND ZAFFAR HUSSAIN MIRZA, JJ
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Darya Khan And Another
VS
The State
Law:
Section:
Keywords: Testimony, Prosecution, Compliance, Evidence, High Court, Compensation, Register, Defence, Maintain, Investigation, Copy, Disposed Of, Cross-Examination, Trial Court, Commission, Recovery, Hearing The Arguments, Production, Inter Alia, Confirmation, Death Sentence, Ulterior Motive, Set Aside, Payment, Inter Se, Discharge, Conviction, Deceased Person, Provisions, Claims, Recording, Place, F.I.R, Orders, Fine, Money, Disclose, Examination, Benefit Of Doubt, Registered, Notice, Office, Order, Description, Government, Failure Result: Appeal allowed JUDGMENT SAJJAD ALI SHAH, J. -On 3-12-1978, after hearing the arguments, by a short order we had allowed the appeal and rejected the reference made under section 374, Cr. P. C. For confirmation of death sentence, for reasons to be recorded later. The reasons follow now. Appellants named above are brothers inter se and are sons of Miro Khan Khoso, Zamindar of Deh Zangipur, Taluka Thul, District Jacotabad. They are convicted under section 302/34, P. P. C. By the learned Sessions Judge, Jacobabad vide his judgment dated 12-7-1978 and sentenced to death, each and fine of Rs. 2,000 each and in default of the payment whereof each has been further sentenced for R. I. For one year. Appellants were also convicted for offence under section 13-D of the Arms Ordinance and each of them was sentenced to R. I. For one year. The trial Court further directed that sentences under section 13-D of the Arms Ordinance and that in default of the payment of fine would come into effect if death sentence was not confirmed or if it was altered by the High Court. It was further directed that substantive sentence under section 13-D of the Arms Ordinance would run concurrently with any sentence passed by the High Court under section 302/34, P. P. C. And sentence in default of payment of fine would run consecutively. It was further directed that fine if paid should be given to the sons of the deceased in equal shares as compensation under sec tion 544-A, Cr. P. C. This judgment was appealed against and there was a reference before us for confirmation of death sentence and we had disposed of both, as stated above. Shortly stated prosecution…
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