Law:

Section:

Keywords: Evidence, Set Aside, Adultery, Prosecution, Guilty, Recovery, Delay, Call, Recording, Parties, Consideration, Exception, False Evidence, Defence, Testimony, Order, Place, Examination, Reduction, Confirmation, Conviction, Minutes, Benefit Of Doubt, Plea Result: Order accordingly JUDGMENT DORAB PATEL, J.-All the appellants have been convicted under sections 302/149, 307/149, 323/149 and 148, P. P. C. by an Additional Sessions Judge, Sukkur and sentenced to death, 7 years' R. I., 2 years' R. I. and 2 years' R. I. respectively. Further, the appellant Muhammad Bux has bean convicted and sentenced to one year's R. I. under section 19 (e) of the Arms Act. All the appellants had filed an appeal against their conviction and sentence. But we have to observe here that the appellant Sultan died after the appeal was filed, therefore the appeal by him abates. The case is also before us for confirmation of the sentence of death passed by the learned Additional Sessions Judge, therefore we shall dispose of both the reference and the appeals by this judgment. 2. The facts material to this case are as follows : The appellants Kundhal, Amir Bux and Nuro are real brothers, whilst the appellants Muhammad Bux and Sultan are their first cousins. The appellants lived at the relevant time in village Attur Chandio, Taluka Shikarpur, Sukkur District. Murad Bux deceased, and his brothers P. Ws. Wabid Bux and Ghous Bux also lived in that village and their houses were very near the houses of the appellants. Their sister, P. W. Mst. Gullan lived in another village at a call's distance from there. The appellant Muhammad Bu: suspected Murad Bux deceased of carrying on with his wife, Mst. Kazbanu, therefore he had warned Murad Bux not to pass near his house. On 23rd April 1965 at about sunrise time Murad Bux and P. Ws. Ghous Bux and Kist. Gullan were going from their house through the village to their fields. About 20 or 25 paces from the house of P. W. Ghous Bux was the otaq of the appellant Nuru, and as they passed that otaq, the appellants came out of the said otaq. The appellant Muhammad Bux was armed with a country made pistol. The appellant Amir Buy was armed with a single…

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