Law:

Section:

Keywords: Testimony, Consideration, Death Sentence, Dying, Disposed Of, Information, Cross-Examination, Examination, Contentions, Parties, Conviction, Period, Defence, Offences, Evidence, Copy, Mistake, Prosecution, Investigation, Order, Guilty, Dispute, Court Of Law Result: Appeal dismissed JUDGMENT ABDUL QADIR SHAIKH, J. This is an appeal by convict Arbab son of Minhon, Mugheri, aged 25 year, who has been sentenced to death by the Additional Sessions Judge, Larkana, under section 302, for the murder of Ghulam Mustafa. He has also been found guilty for offences under sections 458, P. P. C. and 13 (d) of the West Pakistan Arms Act and sentenced to R. I. for five years and one year, respec tively. These sentences have been directed to run concurrently, and would obviously come into force only if the death sentence is not confirmed in this Reference. The prosecution case against the appellant may be briefly stated as under: Deceased Ghulam Mustafa was married to Mst. Hajran, aged about 17 years, about a month before the incident. Before this marriage, Arbab appellant had demanded the hand of east. Hajran but her parents had refused him. The parties in this case live in separate houses adjacent to each other but surrounded try a common thorn enclosure, in Chandoo Mughari village, Taluka Kamber in Larkana District. On the night between 16th/17th of May 1966, deceased Ghulam Mustafa was sleeping with his wife on the same cot on the roof of his house; his father-in-law Gullan and mother-in-law Mst. Janet were sleeping down below in the courtyard of the house. Haji Sikiladho maternal-uncle of deceased Ghulam Mustafa, was sleeping with his sons, Rasul Bux P. W. 3 and Ramz Ali, on the roof of his house adjacent to that of Ghulam Mustafa. Sometime around midnight Haji Sikiladho woke up on shouts raised by deceased Ghulani Mustafa and on flashing his torch in that direction, he saw that Arbab was standing by the side of the cot of Ghulam Mustafa with a gun in his hand and immediately thereafter he fired the gun at Ghulam Mustafa. On the gun report, his sons Rasul Bux and Ramz Ali woke up and they challenged the accused "not go away". Haji Sikiladho then went over to the…

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