Law:

Section:

Keywords: Damages, Delay, Recovery, Dispute, Examination, Jurisdiction, Evidence, F.I.R, Recording, Same Offence, Benefit Of Doubt, Set Aside, Parties, Trial Court, Defence, Mode, Survey, Prosecution, Presumption, Investigation, Hearing The Arguments, Prosecution Witness, Registered, Place, Land, Exchange, Inter Se, Discharge Result: Appeal allowed JUDGMENT SAJJAD ALI SHAH, J. The appellants named above have filed this appeal against the judgment dated 8th June, 1976, passed by the 2nd Additional Sessions Judge, Larkana, whereby they have been convicted for offence under section 302/34, P.P.C. And sentenced to suffer R.I. For life each for allegedly having committed murder of Khuda Bux, son of Muhammad Safar Bhatti on 12th November, 1974, at Somahni time in the land of Bello Bhatti Deh Sanjar, Taluka Shahdadkot, in furtherance of their common intention by causing him gunshot injuries. The trial Court by the same judgment has acquitted the other two accused namely Sodo, son of Ballo and Jumo, son of Alam Khan, who were tried along with the appellants for the same offence. After hearing the arguments of the learned counsel appearing on both sides, we have allowed this appeal on 25th October, 1978 and the reasons follow now. Briefly stated prosecution story is that on the date and time of the incident mentioned above, deceased Khuda Bux, his son comp lainant Mithal and Maula Bux, brother of deceased went together to take their turn of water from Bhatti Wah. Deceased Khuda Bux had a lantern while other two eye-witnesses P. W. 3 Mithal and P. W. 4 Maula Bux had torches. On reaching the canal deceased kept the lantern on the bank of canal and was blocking the canal while the two eye-witnesses, were present nearby. Suddenly on hearing challenges the said two eye witnesses flashed their torches and saw and identified four persons namely Yaroo, son of Sharif, Jan Muhammad, son of Mohbat, the present two appellants and Sodo, son of Bello and Jumo, son of Alam Khan, the acquitted co-accused armed with guns and their faces were open. These four persons fired their guns at Khuda Bux, who became injured and fell down. On the cries of the eye-witnesses the appellants ran away…

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