Case Details

Citation(s)
1969 SLG 804 1969 SLD 804 1969 PCRLJ 28
Sindh High Court
Criminal Appeal No. 237 and Confirmation Case No. 60 of 1967, 27th September, 1968
MUHAMMAD AFZAL CHEEMA AND MUHAMMAD GUL, J

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Ali And 3 Others

VS

The State

Law:

Section:

Keywords: Order, False Entries, Prosecution Witness, Ihata, Notice, Chairman, Possession, Penalty, Guilty, Abscondence, Prosecutor, Investigation, Notices, Delay, Place, Inter Alia, Acceptance, Recovery, Set Aside, Plea, Delivery, Apprehension, Consequences, Petitioner, Fine, Benefit Of Doubt, Question Of Fact, Information, Death Sentence, Copies, Testimony, Inter Se, Commission, Contentions, Production, Evaluation, Procedure, Confirmation, Payment, Additional Evidence, Trial Court, Proceedings, Extraneous, Coercive Measures, Failure, Disposal, Prosecution, Forgery, Impugned Judgment, Requisite Security, Ownership, Evidence, Detention, Parties, Examination, Defence, Receipt, Magistrate, Cross-Examination Result: Appeal accepted JUDGMENT MUHAMMAD AFZAL CHEEMA, J. -This Criminal Appeal is by four appellants, namely, Durro, Arbab, Ramzan and Ali, who have been convicted by the learned Additional Sessions Judge, Jacobabad, under section 305 read with section 34 of the Pakistan Penal Code, for having committed the murder of Mahmud in village Thul Naka, Police Station Jacobabad on the night between the 22nd and 23rd of September 1966. Durro and Arbab appellants were awarded extreme penalty of death, while Ramzan and Ali were sentenced to transportation for life. In addition, they were also punished with a fine of Rs. 1,000 each or one years R. I. in default of payment thereof. By the same judgment, Durro, Ramzan and Ali appellants were also convicted under section 13 (d) of the Arms Ordinance with a concurrent sentence of two years' R. I each, except in the case of Durro whose case along with that of Arbab has been referred to us for confirmation of death sentence under section 374 of the Criminal Procedure Code. This judgment will dispose of the appeal as well as the murder reference. 2. The appellants are related inter se. Ramzan appellant is son of Arbab appellant who is married to the sister of Durro appellant. Ali appellant is also nephew of Durro appellant. The parties have a background of blood-feuds. About a year prior to the occurrence, Kauro and Ghulam Muhammad brothers of Durro appellant and Dhano father of Arbab appellant were murdered for which Sajawal…
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