Law:

Section:

Keywords: Prosecutor, Fine, Death Sentence, Promotion, Assault, Dispute, Prosecution, Defence, Magistrate, Registered, Testimony, Order, Trial Court, Land, Information, Refusal, Place, Evidence, Confirmation, Discharge, Change, Plea, Office, Disclose, Benefit Of Doubt, Dying, Recording, Consideration, Set Aside, Conviction, Property, Examination, Prosecution Witness, Division, Power Of Attorney, Apprehension Result: Appeal allowed JUDGMENT The appellant was tried and convicted by the learned Sessions Judge, Nawabshah (Mr. Muhammad Saleh G. Memon) under section 302, P.P. C. And section 13 (d) of the West Pakistan Arms Ordinance, 1965. The appellant was sentenced to death under section 302, P.P.C. And was also imposed a fine of Rs. 1,000. Under section 13 (d) of West Pakistan Arms Ordinance, 1965 the appellant was sentenced to R. 1, for 2 years. The present appeal and the reference for confirmation of death sentence arise out of the aforesaid judgment. 2. The appeal and the reference were heard by a Division Bench of this Court constituted by myself and late Mr. Justice Jamaluddin H. Ahmad and by a short order dated 8th February 1978, the appeal was allowed and the reference dismissed, for reasons to be recorded later. The reasons, however, could not be recorded owing to the sudden demise of late Mr. Justice Jamaluddin H. Ahmed and in the meantime, upon an office reference dated 24th October 1978, a Division Bench of this Court expressed the opinion that notwithstanding the demise of one Judge of the D.B., the other Judge can record the reasons in support of the short order. The following are, therefore, the reasons for the decision announced in this case. 3. The First Information Report in this case was registered on behalf of the State by A. S. 1. Zaffar Iqbal of Police Station Sakrand on 8th May 1976, at 3-15 p, m. Which may be set out in extenso as under : - "On behalf of the State I file report that today I am incharge of Police Station, I received spy information that in village Jamal Kerio, Deh Jamal Keripa, one Ghulam Hussain Kerio had killed his wife with fire-arm. On this information, I took Sepoys Muhammad Anwar, Sirajuddin, P. C. Ali Bux and myself…

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