Law:

Section:

Keywords: Life Imprisonment, Punishment, Conviction, Extra-Judicial Confession, Refusal, Death Sentence, Cross-Examination, Possession, Payment, Defence, Fine, Evidence, Modification, Registered, Dispute, Land, Order, Confessional Statement, Examination, Coercion, Leased Land, Recording, Recovery, Magistrate, Inadmissible, Investigation, Prosecution, Care, Province, Custody, Information, F.I.R, Imprisonment, Trial Court, Place, Confirmation, Commission Result: Appeal dismissed JUDGMENT SAJJAD ALI SHAH, J. -After bearing the learned Advocates appearing for each side, on 18th December, 1978, by a short order we hat: dismissed this appeal with modification by reducing the sentence from death to life imprisonment. The reasons follow now. Appellant has filed this appeal against the judgment dated 19th December, 1977 of the learned Sessions Judge, Badin, whereby he has been convicted for offence under section 302, P.P.C. And sentenced to death with a fine of Rs. 1,000, in default of the payment whereof further R. I. For one year. There was also reference before us for confirmation of death sentence. Briefly stated prosecution story is that Mst. Sharifan, mother of appellant Abdul Ghafoor, eloped with deceased Sadiq about eight years prior to the incident and married him when appellant was still a child. Mst. Sharifan also had a daughter by name Mst. Kausar from her previous husband and she stayed with her mother and the deceased. Appellant demanded the hand of his sister from the deceased which was refused. The appellant, therefore, nurtured a twin-grudge against the deceased for having abducted his mother and also for refusing to give custody of his sister to him. On the day preceding the incident, complainant Nazir Ahmad, brother of the deceased, came to meet the deceased in his village Fazal Muhammad in Deh Kapoori, Taluka Tando Bago. On the same day appellant had also come to visit the house of the deceased and both the complainant and the appellant stayed over night. On the following morning i. e. On 8th October, 1974, deceased Sadiq and appellant Ghafoor took one spade and left together to cultivate the land of Sadiq. At about 9-30 a.m. Farzand, nephew of…

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