Law:

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Keywords: Imprisonment, Place, Testimony, Satisfaction, Surety, Investigation, Trial Court, Evidence, Procedure, Plea Result: Petition allowed ORDER The facts according to the F. I. R. Lodged by one Muhammad Ismail on 15-4-1978, at about 10-00 p.m. At Police Station Dadu, are that the deceased was fired to persons, namely, the applicant and his brother Nazeer Ahmed while their other to brothers namely Muneer Ahmed and Mukhtar Ahmed, who were both armed with guns also threatened them and fired in the air to scare the witnesses. The incident had taken place when Akbarali was sitting with the complainant and others in his house and was called out and inmates of the - house immediately thereafter beard the. Commotion and abuses outside the door, whereupon they came out at the door and in the electric light, they saw and identified Muneer Ahmed, Bashir Ahmed, Nazeer Ahmed and Mukhtar Ahmed all sons of Shafi Muhammad Channa standing there, of whom Bashir Ahmed and Nazeer Ahmed were armed with revolvers and Muneer Ahmed and Mukhtar Ahmed with guns. The complainant and others saw Bashir Ahmed and Nazeer Ahmed fired to revolver shots at the deceased Akbarali and he was hit with the shot fired by Bashir Ahmed, and fell down with a shriek. They all pleaded to them in the name of God, not to kill A7barali whereupon Munir Ahmed and Mukhtar Ahmed threatened them and fired guns in the air. They further threatened them that they have killed Akbarali and others would also meet the same fate and then they left the place of incident. The motive as per F. I. R. Was that the complainant and his uncle Mir Muhammad were sitting in the cloth shop, when Murad younger brother of the applicant came and asked the uncle of the complainant to give him five or six Takias of lady silken cloth, to show in his house, and they would purchase as per their selection. Mir Muhammad handed over the three Takias of lawn and three of flat crepe. About an hour later Murad turned up with all six Takias and on checking the uncle of the complainant found- four Takias each short of three yards, and he told him that the said Takias had fallen short, and as such he would not accept it, and asked him to make…

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