Law:

Section:

Keywords: Provisions, Compensation, Vehicle, Consequences, Dying, Assault, Registered, Evidence, Conviction, Inter Se, Common Object, Imprisonment, Fine, Magistrate, Prosecution, Information, Interference, Judgment Of The Trial Court, Order, Offences, Retrospective Effect, Exception, Examination, Government, Investigation, Enquiry Proceedings, Commencement, Trial Court, Defence, High Court, Enforcement, Succession, Procedure, Proceedings, Theft, Change, Consideration, Mitigating Circumstance, Liabilities, Period, Parties, Retrospectively, Call Result: Appeal dismissed JUDGMENT G. M. SHAH, J.-The appellants herein were tried by the learned 3rd Additional Sessions Judge, Sukkur, for offences under section 302r cad with 34, P. P. C., on the second count, for intentionally causing the murder of Imamuddin and voluntarily causing hurt to, witnesses Rasool Bux and Gullan alias Gul Muhammad. By the judgment dated 25-1-1978, they were each sentenced by the learned Judge to imprisonment for life under section 302/34, P. P. C. And under section 323;34, P. P. C. To undergo R. I. For one month and to pay a fine of Rs. 1,000, as compensation under sec tion 544, Cr. P. C. To the heirs of the deceased, in default to suffer further R. 1. For a period of three months. 2. The appellants were not awarded the capital sentence because of the mitigating circumstance of there being no enmity between the parties and there was no motive for committing the alleged offences. It was a sudden quarrel over a pettish matter of collecting the stones. The attack was also not premeditated. However, the appellants have filed this appeal against the judgment of conviction. 3. The version of the prosecution is that deceased Imamuddin Shaikh, Rasool Bux Shaikh and Gullam Shaikh were employed as labourers, at the Arore 11111, by the Contractor Dhani Bux, for loading the stones in the truck. The appellants namely, Ali Gut Shaikh, Abdul Rahim Shaikh, Rahimdino Shaikh and Khillan Shaikh were also engaged, by the same contractor, as labourers, for collecting the stones and filling them in the trucks. The party of the appellants and that of the deceased are related inter se. 4. At about 8 a. m. On…

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