| Citation(s) |
|---|
| 1980 SLG 1751 1980 SLD 1751 1980 PCRLJ 280 |
Sindh High Court
Criminal Appeal No. 265, of 1975, 30/09/1979
MUHAMMAD ZAHOORUL HAQ, J
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Criminal Appeal No. 265, of 1975, 30/09/1979
MUHAMMAD ZAHOORUL HAQ, J
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Ali Nawaz
VS
The State
Law:
Section:
Keywords: Interference, Custody, Fine, Recording, Dispute, Prosecution, Recovery, Testimony, Place, Delay, Registered, Cross-Examination, False Evidence, Minutes, High Court, Conviction, Magistrate, Leave, Consideration, Notice, Land, Production, Failure, Language, Evidence, Investigation, F.I.R, Examination Result: Appeal dismissed JUDGMENT The appellant in this case was convicted on 24th September, 1978 by the Sessions Judge, Jacobabad under section 304 (I), P.P.C. And sen tenced to suffer R.I. For 4 years and to pay the fine of Rs, 1 ,000 or in default to further suffer R.I. For 6 months. The fine if being paid the half of the amount was to be given to heirs of Mst. Namat under sec tion 544-A, Cr. P. C. Except the accused himself. F.I.R. In this case was filed on 26th October, 1977 at 8 a.m. By the present appellant Ali Nawaz s/o Lal caste Buriro at Police Station Karim Bux, District Jacobabad, it is Exh. 25. It was registered under section 302, P.P.C. Ali Nawaz has stated that he and his brothers, namely Fatal and Lakhno and nephew Ghulam were residents of Deh Bahangar and used to cultivate the land of Zamindar Haji Mohammad Ayub Khan. A day before, the brother of Ali Nawaz had gone to Thul, and on the same day some relatives Abdullah s/o Soomar and Naseer Ahmed s/o Salah had come to the house of Ali Nawaz's brother Fazal for visit. Ali Nawaz states that he had been married with Mist. Namat for the last 10 years. Ali Nawaz continued that the day before he had gone to village of Nasir Khoso for business of bullocks, and he reached his house back at somani the, and found on moon light his nephew Gulab in condition of commit ting illicit intercourse with his wife Namat. Upon this, Ali Nawaz got ghairat and he challenged Gulab as Karo. Upon this Gulab got down from the cot and ran away, and his wife got up from the cot. Ali Nawaz inflicts d three or four sharp-edged hatchet blows on her neck. His wife fell down and died. On commotion, Abdullah and Nazeer came there to whom Ali Nawaz narrated the incident. He further stated in the F.I.R. That he kept the hatchet in the shed .Of the house. Due to late hours of night he stayed in the jungle and in the morning he…
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