Law:

Section:

Keywords: Transmission, Disclose, Practice And Procedure, Death Sentence, Information, Substitution, Contentions, Investigation, Place, Imprisonment, Recovery, Evidence, Parties, Procedure, Permission, Examination, Mitigating Circumstance, Possession, Refusal, Cross-Examination, Practice, Delay, Discharge, Trial Court, Variation, Gang Of Dacoits, Substitution, Prosecution, Conviction, Reduction, Offer, Consideration Result: Appeal dismissed JUDGMENT MUHAMMAD HALEEM, J.-Appellant Wazir (30) was tried along with Dodo, Yaqub, Muhammad, Manthar and Abdullah on charges under sections 302, 326, 324, 323 read with sections 149, 148 and 452, P. P. C. By the learned Additional Sessions Judge, Tharparkar and was alone convicted on charges under sections 302 and 452, P. P. C. And sentenced to death on the first count and to rigorous imprisonment for one year on the second count. All the others tried along with him were however acquitted. The appellant has filed an appeal to question his conviction on the above counts. The learned Additional Sessions Judge, Tharparkar has made a reference under sectton 374, Cr. P. C. For the confirma tion of his death sentence. This judgment will dispose of both the appeal and the reference. 2. The relevant facts are these: Deceased Jumo Machi had three daughters, namely, Shah Khatoon, Rani and Marul. Mst. Rani is married to Arab Machi and Shah Khatoon is married to Juwan Machi. About four months before the occurrence Mst. Shah Khatoon was abducted by the appellant. They had gone and lived in village Bachal Khaskheli. Information was subsequently received about their whereabouts and thereupon Moula Bux, Buxan and Soomar went to that village and through the interven tion of one Muhammad Bachal, Mst. Shah Khatoon was restored to deceased Jumo Machi. However, the deceased had apprehended that Mst. Shah Khatoon would again be abducted. So he complained to Rais Nabi Bux Khan Solangi to intervene in the matter and prevail on the appellant not to abduct her. Rais Nabi Bux Khan thereafter called the parties to settle the matter. Noor Muhammad from the side of deceased Jumo Machi was called as well as the deceased himself. On the side of the…

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