Law:

Section:

Keywords: Discharge, Imprisonment, Conviction, Dispute, Delay, Recording, Testimony, Guilty, Investigation, Order, Determination, Death Sentence, Set Aside, Cross-Examination, Evidence, Information, Prosecution, Trial Court, Defence, Proceedings, Custody, Examination, Magistrate, Prosecution Witness, Benefit Of Doubt, Government, Offences, Common Object, Place, Confirmation Result: Appeal accepted JUDGMENT FEROZE NANA GHULAMALLY, J.-Appellant Dil Murad son of J:xtfar Lighari has been convicted by the learned Sessions Judge Of Larkana under sections 302, 307 read with section 149, P. P. C. and section 13 (d) of the Arms Act and sentenced to death by hinging and to seven years and two years respectively on each count, the sentences of imprisonment to run concurrently. He has appealed from Jail against his conviction through his counsel, Mr. Azizullah K. Shaikh. The matter is also before us under section 374, Cr. P. C. for confirmation of the death sentence imposed on him. This judgment will dispose of both these matters. 2. This appellant together with two others, Murad son of faro Lighari and Mahboob son of Muhammad Alam Lighari was charged and tried for offences punishable under sections 148, 302 and 307, read with section 149, P. P. C. At the conclusion of the trial the learned Sessions Judge acquitted Mahboob and Murad of these charges holding that there was no evidence or circumstances to connect them with the crime with which they were charged. Government have not appealed against their acquittal. 3. The incident resulting in the murder of Ali Murad took place at about 9 p. m. on the 7th of December 1963, in the Otak of one Haji Yar Muhammad in which were sitting the first informant Ahmad Nawaz, his two relations, Nek Muhammad and Arz Muhammad and Ali Murad a guest of Yar Muhammad. The Otak was a Landhi a temporary structure, open on the south and a hurricane was burning in it at that time. Whilst they were there five persons suddenly entered the Otak through the court yard, challenged those sitting there stating that they have come to take avenge of the murder of one Wali Muhammad. The prosecution case is that Ahmad Nawaz who had a torch flashed it towards…

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