Law:

Section:

Keywords: Examination, Place, Conviction, Guilty, Trial Court, Burden Of Proof, Land, Confirmation, Set Aside, Grounds, Inquiries, Defence, Conspiracy, Theft, Negligence, High Court, Death Sentence, Cross-Examination, Prosecution, Plea, Possession, Property, Inter Se, Testimony, Additional Evidence, Proceedings, Lands, Permission, Laches, Evidence Result: Appeal allowed JUDGMENT This judgment will cover the reference made to us by the learned Sessions Judge of Sukkur, for confirmation of the death sentence passed by him on the appellant Muhammad Khan under section 302, P. P. C. and also Muhammad Khan's appeal from Jail through his counsel Mr. Muhammad Hayat Junejo. 2. On the 1st of June 1965, at about Katcheri Majhand time, the deceased Muhammad Yusuf was returning to his village driving his bullock cart. Raiswah was on his way to the village and the bullock cart had to pass through this wah. Khawandbux, the first informant, was at the time returning from the lands of Wahid Bux Kakepoto, of which he was the kamdar. He had gone to his lands early that morning, and was himself on his way back, and at the time of the incident had just reached the Raiswah, when he saw Muhammad Yousif and his bullock cart climbing the opposite bank of the Raiswah, and the appellant armed with a gun step down from one of the banks into the Raiswah. When the deceased Muhammad Yusif and his bullock cart got near Muhammad Khan, he shot at Muhammad Yousif from point blank range. Muhammad Yusif collapsed in his bullock cart, and as one of the bullocks was struck by pellets, both the animals shied and ran away with the cart along the southern bank of the Raiswah. Khawandbux challenged the appellant who shouted out of him that he had killed Muhammad Yusif as a karo. P. W. Bhuri, at the time, was about 50 paces away from the southern bank of the Raiswah, and the prosecution case is that he also witnessed the shooting of Muhammad Yusif by the appellant. Both Bhuri and Khawandbux stood by in fear, whilst the appel lant took to his heels with the gun. The bullock cart, however, with Muhammad Yusif in it, ran for a distance of about 200 paces when it was stopped by Ibrahim son of Shah Muhammad…

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