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Keywords: Examination, Information, Land, Conviction, Responsibility, Private Defence, Grievous Hurt, Disclose, Place, Investigation, Defence, Cross-Examination, Custody, F.I.R, Apprehension, Survey, Prosecution, Set Aside, Compensation Result: Appeal allowed JUDGMENT This is an appeal by Mohammad against his conviction under sec tion 304 (II) of P. P. C. Sentencing him to 10 years' R.I. And directing him to pay compensation of Rs. 5.000 to heirs of deceased Mohammad Rahim by judgment of Sessions Judge, Badeen dated 28th March 1979. The appellant had been tried alongwith co-accused Ahmed and Raboo under section 302/34, P.P,C. Ahmed and Raboo were acquitted. The relevant facts are that P.W. 6 Ladho filed the F.I.R. Exh. 15, dated 16th May 1973 at I p.m. At Police Station, Matli, District Hyderabad alleg ing appellant Mohammad was reported, by P.W. 3, Mohammad, to have gone into Khabar bushes alongwith one Mst. Juli who was the wife of nephew of complainant Ladho. Ladho called for his sons Uris and Mohammad Rahim and they went to Khabar Bushes where they saw Mohammad and Juli sitting together. Mohammad started running in naked condition but he was chased by Mohammad Rahim and Uris. He was chased by Mohammad Rahim who gave abuses to Mohammad, meanwhile, accused Ahmed Udhejo emerged from bushes having a hatchet. Mohammad was also armed with hatchet and he prepared to fight. Meanwhile, AIlahdino and Waheedo Soomro came running. Mohammad inflicted a forceful hatchet blow upon head of Mohammad Rahim who fell down. Upon this Uris who was armed with hatchet gave sharp sided hatchet blows to Mohammad. Accused Ahmed gave sharp sided hatchet blows on back. Meanwhile, accused Raboo came running and he gave complainant Ladho sharp sided hatchet blows on head. The investigation was conducted by S.H.O. Khurshid P.W. 10 who went to the place of occurrence and prepared the memo. Exh. 18, where he found that it was in Survey No. 7 Deh Udhejani Taluka Math. The dead body of deceased -Mohammad Rahim was found there lying. There was one injury on his head with a big cut and brain had come out. He also had one sharp sided hatchet injury on the arm. Injured Uris P. W. I was also lying…

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