Law: Arms Ordinance, 1965

Section: 13-E

Keywords: Testimony, Coercion, Life Imprisonment, Possession, Land, Punishment, Evacuee Property, Exchange, Non-Evacuee, Examination, Conviction, Plea, Death Sentence, Evidence, Order, Registered, Prosecution, Cross-Examination, Proceedings, Confirmation, Dispute, Fine, Property, Defence, Parties, Imprisonment, Recovery, Investigation, Place, Commission Result: Appeal dismissed JUDGMENT MUHAMMAD ZAHOORUL HAQ, J. This is a confirmation case under sec tion 376, Cr. P. C. For confirmation of death sentence awarded by II-Addi tional Sessions Judge, Sukkur to accused Dhani Bukhsh under section 302, P. P. C. And a fine of Rs. 5,000 or in default to undergo R. 1. For six months, fine if paid Rs. 2,500 was to be given to the heirs of the deceased. The appellant Dhani Bukhsh has also sent an appeal in respect of the same sentence, which has been registered as jai: appeal 294/78. Along with this jail appeal we have also heard the connected Jail appeal 316/78 against the judgment of the same Judge dated 19th October, 1978, whereby, the appellant was convicted under section 13-E of the Arms Ordinance and sentenced to suffer R. I. For one year. The appeals have been heard together as they were in respect of the same incident and the recovery of pistol was involved in the same confirmation case. The relevant facts leading to these cases are that on 13th March, 1976 at 8.30 a.m. P. W. 1 Mohammad Yousuf lodged a F. 1. R. Exh. 7 at Bagerji Police Station, district Sukkur, which was recorded by P. W. 7 Wahid Buksh Head Constable. The F. I. R. Is to the following effect "Complaint is that deceased Abdul Rahman son of. Ghous Bux was my son-in-law who was private servant on the shop of Abdul Shakoor Muhajir in Sukkur. He used to go daily in the morning to Sukkur and used to return to the house in the evening. Today in the morning while I was sitting in my house, when there was commotion towards the house of deceased Abdul Rahman, I came out. On this commotion Muhammad Siddique son of Mohd. Bux and my brother Muhammad Unis also came out of the houses. We saw that accused Dhani Bukhsh and deceased Abdul Rehman were abusing each other. 1n the meanwhile within our seeing accused Dhani…

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