| Citation(s) |
|---|
| 1980 SLG 1860 1980 SLD 1860 1980 PCRLJ 336 |
Sindh High Court
Criminal Appeal No. 177 and Confirmation Case No. 33 of. 1978, 20/06/1980
AJMAL MIAN AND NAIMUDDIN, JJ
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Criminal Appeal No. 177 and Confirmation Case No. 33 of. 1978, 20/06/1980
AJMAL MIAN AND NAIMUDDIN, JJ
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Raheb And 3 Others
VS
The State
Law:
Section:
Keywords: Life Imprisonment, Factum, Registered, Description, Conviction, Consideration, Order, False Statement, Inadmissible, Information, Investigation, Place, Guilty, Examination, Offences, Land, Plea, Inter Alia, Cogent Reasons, Recovery, Defence, Material Facts, Evidence, Inter Se, Tenant, Testimony, Contentions, Landlord, Dispute, Tenancy, Imprisonment, Prosecution Witness, Confirmation, Certificate, Division, Set Aside, Prosecution, Aggrieved Party Result: Appeal allowed JUDGMENT AJMAL MIAN, J: This is a criminal appeal and as well as confirmation case in respect of the judgment dated 30-5-1978, passed by the learned Sessions Judge, Thatta, whereby 4 appellants were convicted under sec tion 302/34 and sections 323/34, P. P. C. The appellants Raheb son of Sher Muhammad and Bachayo son of Sher Muhammad were awarded death sentences for having committed murder of deceased Shadi and Bijar (herein after referred to as the deceased) and were also further sentenced six months R. I. For causing injuries to Ghazi, Lai Khan and Soomro (hereinafter referred to as injured) and whereas accused Gul Hassan arid Hashim were awarded life. Imprisonment for the aforesaid murders of the aforesaid to persons and were also awarded 12 months' R. I. Under section 323 read with sec tion 34, P. P. C. For causing injuries to the aforesaid three persons. 2. The prosecution case is that the aforesaid four accused had way laid and attacked five persons, namely, Shadi son of Soomro, Bijar son of Kabool, Ghazi son of Soomro, Lai Khan son of Soomar and Soomro son of Bachal with hatchets and lathis in the evening of 10th October, 1974 at deh Kharian, Taluka Sajawal, District Thatta thereby causing death of Shadi son of Soomro and Bijar son of Kabool and injuries to Ghazi son of Soomro, Lai Khan son of Soomar and Soomro son of Bachal. `The alleged motive attributed to which prompted the accused to attack was that in the evening of the preceding day of the incident accused Raheb after having come to know that Pir Muhammad had visited the deceased and the injured on the same evening and had asked them to do harvesting of his paddy crop on his land came over to the deceased and the injured…
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