Law: Evidence Act, (1 of 1872)

Section: 164

Keywords: Determination, Provisions, Investigation, Prosecution, Procedure, Evidence, Payment, Plea, Conviction, Trial Court, Cess, Testimony, Discretion, Confessional Statement, Seizure, Notice, Recovery, Care, Registered, Magistrate, Place, Guilty, Fine, Order, Modification, Extra-Judicial Confession, Examination, Cross-Examination, Imprisonment, Defence, Appearance Result: Appeal dismissed JUDGMENT SAJJAD ALI SHAH, J. This appeal is filed against the judgment dated 9th October, 1977 passed by the Addl. Sessions Judge, Shikarpur whereby the above-named appellant was convicted for offence under section 3029 P. P. C. And sentenced to imprisonment for life and a fine of Rs. 1000, in default of the payment whereof, he is to undergo R. I. For one year more. After hearing the learned Advocates appearing for both sides we had announced the judgment by a short order altering convic tion to section 304, Part I, P. P. C. And reducing sentence to R. I. For five years and fine of Rs. 1,000 while dismissing the appeal. The reasons follow now. Shortly stated prosecution case is that deceased Mst. Nazan was sister of the appellant and was living in his house since her husband had died. On the day of incident, i. e. 25-3-1976 at about sunset time, the appellant was returning to his house from the field and when he reached near his house, he heard whispering coming from dry bed of "Chuttal Wahi", he quietly went there and found his sister Mst. Nazan in the pro cess of sexual act with Muhammad Khan Golo. Appellant lost self control on account of 'Ghairat' and challenged Muhammad Khan (Kayo), who succeeded in making good escape. Appellant, who had hatchet with him, inflicted injuries with it on his sister Mst. Nazan who raised cries. In the meantime Shadi, who is father of the appellant and Ali Madad, Nooro and Kando came to the spot and saw the incident. Appellant informed them that he was killing 'Kari' as he had seen her having sexual intercourse with Muhammad Khan Karo, who ran away. Mst. Nazan died at the spot. Appellant then took the blood-stained hatchet and went and apprised Kamdars Khan Muhammad Kharos and Atta Muhammad Lolai of the whole incident and then came to the…

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