Law:

Section:

Keywords: Cross-Examination, Consideration, Verification, Non-Compliance, Charge Sheet, Place, Recovery, Testimony, Evidence, Conviction, Land, Lands, Premises, Investigation, Exchange, Copy, Defence, Failure, Possession, Omission, Parties, Prosecution, Confirmation, Inter Alia, Information, Order, Examination, Set Aside, Dispute, Compliance, Disposed Of, Proceedings, Benefit Of Doubt Result: Appeal dismissed JUDGMENT Pir Bux son of Muhammad Suleman Chacher was tried along with two others by the learned Additional Sessions Judge, Kandh Kot, for the murder of Abdul Khalique under section, 302/34, P. P. C. The learned Judge while acquitting the co-accused convicted Pir Bux and sentenced him to death by his judgment dated 19-3-1977. The sentence of death has come up before this Court for confirmation and the convict has also appealed against the conviction and sentence which will both be disposed of by this judgment. 2. The occurrence in this case took place on 5th June, 1975 at about 11 a. m. At the Tea Shop of P. W. Qadir Bux in village Khaji Taluka Kashmore District, Jacobabad- It is alleged that Abdul Khalique 'was sitting along with P. Ws. Vali Muhammad and Sahib in the Tea Shop when P. W. Qadir Bux was also present, when the appellant Pir Bux along with Muhammad and Mahrab all three armed with guns suddenly appeared and challenged Abdul Khalique. Thereafter the appellant aimed his gun at Abdul Khalique who stood up and tried to close the door of the room, but in the meantime the appellant fired a shot, which pierced through the door of the room and hit Abdul Khalique on the chest. The latter fell down near the door and the P. Ws. Raised cries. Thereafter the assailant ran away. The P. Ws. Then saw that Abdul Khalique had died. Wali Muhammad then leaving the two P. Ws. Near the dead body left for the Buxapur Police Station which is about 9 miles from the scene of offence, and lodged the report at 1 p. m., which was recorded by H. C. Dhani Bux. 3. H. C. Dhani Bux then proceeded to the scene of offence which was shown to him by the first informant. He prepared the Mashirnama of the scene of offence in presence of two mashirs namely Buxio and Shah Muhammad.' At…

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