| Citation(s) |
|---|
| 1980 SLG 1726 1980 SLD 1726 1980 PCRLJ 1094 |
Sindh High Court
Criminal Appeal No. 235 and Confirmation Case No. 46 of 1978, 30th October, 1979
G. MUHAMMAD SHAH AND GHALIS ALI SHAH, JJ
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Criminal Appeal No. 235 and Confirmation Case No. 46 of 1978, 30th October, 1979
G. MUHAMMAD SHAH AND GHALIS ALI SHAH, JJ
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Ajeeb
VS
The State
Law:
Section:
Keywords: Examination, Registered, Deprivation, Order, Death Sentence, Investigation, Recovery, Possession, Magistrate, Custody, Grave Provocation, Language, Leave, Defence, Evidence, Plea, Recording, Conviction, Prosecution, Place, Exception, Confirmation Result: Order accordingly JUDGMENT G. M. SHAH. J.-The appellant Ajeeb s/o Imamuddin Jatoi, a young man of about 20 years, was tried by the learned 1st Additional Sessions Judge, Larkana and sentenced to death, under section 302, P. PYC., for having committed the murder of his wife Mst. Amirzadi by the judgment dated 30th September, 1978. 2. The appellant has filed this appeal against the judgment of conviction and there is also a reference made by the learned Judge under section 376, Cr. P. C. For confirmation of the death sentence. This judgment will dispose of both, the appeal, as well as, the reference in respect of the confirmation of the death sentence. 3. The incident in this case is stated to have taken place on 1st April 1978 at 4.00 p. m. The appellant himself appeared at the Police Station Taluka Larkana, carrying the blood-stained hatchet and reported that he was married to Mst. Amirzadi, about six years back and had one son out of the wedlock, who had died. Since to months before the occurrence, he was putting up with his in-laws. 4. On the day of occurrence, he had gone to his field, for cutting, uprooting and clearing of the bushes. He had returned to his house at about 4-00 p. m. And noticed that one side of the door of the room of his house was opened and the other side was closed. On his entering the room he found his wife Mst. Amirzadi and Mushtaq son of Faiz Mohammad Jatoi, sitting together on one cot and were embracing each other. On seeing the appellant, Mushtaq immediately ran out of the room and escaped. Though the appellant chased him, but Mushtaq succeeded in running away. The appellant returned to his house and found his wife Mst. Amirzadi half-naked. She was putting on her trousers. The appellant got enraged and threw her down and she fell on the cot. Due to provocation, the appellant inflicted several hatchet injuries on her neck and other parts of the body, due to which she died…
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