Law:

Section:

Keywords: Exception, Place, Factum, Notice, Dispute, Fine, Possession, Omission, Conviction, Mode, Damages, Set Aside, Prosecution, Guilty, Cross-Examination, Order, Imprisonment, Delay, Death Sentence, Testimony, Investigation, Defence, Benefit Of Doubt, Land, Non-Compliance, Government, Confirmation, Compliance, Recording, Recovery, Examination, Commission, Prosecutor, Information, Probative Value, Failure, Evidence, Certificate Result: Appeal accepted JUDGMENT ZAFFAR HUSSAIN MIRZA, J. -The five appellants were tried along with Gul Muhammad son of Wali Muhammad under sections 302, 323, 148 read with 149, P. P. C. For murdering Rustam son of Mubarak Ali by the learned Additional Sessions Judge, lI, Khairpur. By his judgment dated 26-4-78 the learned Additional Sessions Judge while acquitting accused Gul Muhammad, convicted the present appellants and sentenced them to various terms of imprisonments. Since the learned Additional Sessions Judge recorded the convictions and sentences awarded by him to the various accused in a rather confused manner they are being separately mentioned. Appellants Ditto and Wali Muhammad were found guilty of an offence punishable under sections 302, 148, and 323, P.P.C. Read with section 149, P.P.C., whereas appellants Lal Bux, Nek Muhammad and Noor Muhammad were found guilty of an offence under sections 302/147 and 323, P.P.C. Read with section 149, P.P.C. Learned Judge observed that since the fatal injury to the deceased was attributed to appellant Wali Muhammad, he convicted the said appellant under section 302 read with section 149, P.P.C. And awarded him death sentence. Appellant Wali Muhammad was additionally found guilty under sec tion 148, P.P.C. And sentenced to one year's R. I. On the third count for the offence under section 323 read with section 149, P.P.C. Learned Judge convicted and sentenced Wali Muhammad to a fine of Rs. 200 and in default to suffer R.I. For four months. He further recorded the conviction of appellants Ditto, Lal Bux, Naik Muhammad and Noor Muhammad under S. 302, P.P.C. Read with section 149, P.P.C. And sentenced them to imprisonment for life and a fine of Rs. 2,000 in default whereof they were…

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