Law:

Section:

Keywords: Interference, Cross-Examination, Place, Property, Omission, Examination, Procedure, Claims, Prosecution, Care, Defence, F.I.R, Inter Se, Evidence, Information, Recording, High Court, Land, Conviction, Retrial, Imprisonment, Certificate, Failure, Investigation, Parties, Expenditure Incurred Result: Appeal allowed JUDGMENT NOORUL ARFIN, J.-Four brothers, .Namely, Abdul Karim Haji Hamzo, Ali Nawaz and Ismail, sons of Gahi Khan Panhwar, were prosecuted under sections 302 and 323 read with section 34, P. P. C. For committing the murder of to brothers, namely, Haji Muhammad and Hussain, and having voluntarily caused hurt to P. W. Allahdino. Out of them, the Sessions Judge, Dadu, by judgment dated 8-2-1973 acquitted Ismail. And the remaining three brothers were convicted and sentenced to suffer imprisonment for life under section 302 read with under section 34, P. P. C., and for six months and section 323 read with section 34, P. P. C. According to the prosecution, the appellants and their brother Ismail, acquitted as aforesaid, (all four of them hereinafter referred to as the accused), the to deceased and the first informant, namely, Dur Muhammad., are cousirys inter se and jointly own land measuring sixteen "Jarebs" in Deh Makani, Taluka and District Dadu, the land being irrigated by a well situated thereon. It is alleged that at sunset the on 25-4-1967, the complainant, the deceased Haji Muhammad and the injured Allahdino and Mst. Basran, the sister of the to deceased, were sitting, near the well when accused Ali Nawaz came there to fetch water from the well. He was prevented from drawing water by the deceased Fuji Muha mad, who said' to Ali Nawaz that his brother, the accused Abdul Karito, was a thief, as he had stolen bullocks belonging to the com plainant party. However, Ali Nawaz did succeed in drawing water from the well and went away after giving threats to the complainant party. Shortly thereafter, the four accused turned up in strength, armed with hatchets, and started abusing the complainant party, and, upon their protest, the accused Hamzo and Ali Nawaz gave blows to deceased Haji Mohammad on his head, who-therefore fell on the ground, and…

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