Law:

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Keywords: Consideration, Examination, Order, Defence, Determination, Prosecution, Parties, Jurisdiction, Possession, Conviction, Set Aside, Benefit Of Doubt, Investigation, Recovery, Evidence, Imprisonment, Guilty, Cogent Reasons Result: Appeal accepted JUDGMENT Muhammad Yar, aged 38 years, Bashir aged 24 years, Ahmad Ali aged 30 years and Sheroo, aged 23 years, were tried under section 302/34, P. P. C. for having in further ance of their common intention, committed the murder of Gul Hassan, aged 32, on or about the 14th of July 1965, within the jurisdiction of Police Station Phulji, District Dadu. By his order dated the 26th of March 1966, the learned Sessions Judge, Dadu, found Muhammad Yar and Bashir guilty of the offence and as such sentenced each to transportation for life under section 302/34, P. P. C. The other two namely Ahmad Ali and Sheroo were acquitted of the charge. The convicts have appealed against their convictions and sentences. 2. The facts of the prosecution case are short and may be summarized as follows:- Gul Hassan deceased had a liaison with Mst. 13ashiran wife of Sheroo (acquitted accused) and sister of Bashir appellant. Muhammad Yar appellant used to act as a go-between. On the fateful day, i.e. 14th of July 1965, at about 8 or 9 a.m. (a pehar after sunrise) Gal Hassan along with his brothers Amir Bakhsh P. W. 2 and Jumman P. W. 4 was busy in ploughing the field when Muhammad Yar appellant reached there and asked Gul Hassan to accompany him to his house because he wanted a cot for his nephew who had arrived from Punjab. Accordingly, Gul Hassan accompanied him. On reaching his house Gal Hassan took away one cot, and accompanied Muhammad Yar. Gul Hassan also took away along with him the licensed gun (Art. A) No. 427 belonging to his brother Jumman P. W. Nothing, however, was known about the whereabouts of Gul Hassan although his brothers Amir Bakhsh and Jumman P. Ws. had tried to find his clue. Eventually Amir Bakhsh P. W. 2 lodged the report on the 16th of July 1965 at 1 p.m. at Police Station Phuljh narra ting therein the circumstances in which Gal Hassan had left two days earlier. 3. During the investigation, Muhammad Yar appellant…

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