Law:

Section:

Keywords: Trial Court, Magistrate, F.I.R, Recovery, Evidence, Appraisement, Registered, Fine, Confirmation, Payment, Land, Defence, Damages, Plea, Prosecution, Place, Recording, Impugned Judgment, Lands, Death Sentence, Cross-Examination, Examination, Theft, Investigation, Conviction, Commission Result: Appeal dismissed JUDGMENT SAJJAD ALI SHAH, J.-Above-named appellant has filed this appeal against the judgment dated 15th January 1978, passed by learned Sessions Judge, Nawabshah whereby he has been convicted for offence under section 302, P.P.C. And sentenced to death and also a fine of Rs 2,000 in default of payment whereof sentenced further to R. I. For one year for having committed murder of Ali Asghar son of Mohammad Din Kambooh by causing him hatchet injuries. There is a reference before us for con firmation of death sentence awarded by the trial Court. We propose to dispose of both appeal and reference by this single judgment. Shortly stated prosecution story is that deceased Ali Asghar was studying in 9th class at the time of incident and looked after lands and business jointly with his cousin Abdul Haq complainant. About a month prior to the incident deceased picked up a row with the appellant, who bad stolen the cap of sugar-cane crushing machine of the deceased, and recovered the same after giving him a beating. Appellant fell humiliated and nursed a grouse against the deceased on that account. On the day of incident, i.e. 10th March 1976 at about sunset time, deceased Ali Asghar accompanied by P. W. 5 Mohammad Sharif P. W. 6, Haji Ghulam Nabi and P. W. 7 Haji Bhai Khan was returning after attending fair at railway station of Ghulamabad and when they reached the land of Nisar Khan Pathan, deceased, who was walking ahead of other witnesses mentioned above, was confronted by the appellant, who was armed with a hatchet. Appellant attacked deceased and inflicted hatchet blows on him with sharp side. On the cries of the deceased P. Ws. Abdul Haq, Mohammad Sharif, Haji Ghulam Nabi and Haji Bhai Khan reached the spot and saw the incident. On the arrival of these witnesses appellant stopped infliction of injuries and started to run and was chased by the…

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