ALI NAWAZ AND Another vs THE STATE — 1971 PCRLJ 860

Citation: 1971 PCRLJ 860

Court: Sindh High Court

Year: 1970

Decision Date: 1970-06-19

Parties: ALI NAWAZ AND Another vs THE STATE

Headnotes

Case cited as 1971 PCRLJ 860

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Haleem, Ghulam Safdar Shah Title: ALI NAWAZ AND Another vs THE STATE Case No.: Criminal Appeal No. 382 and Confirmation Case No. 5 of 1968 Date of Judgment:1970-06-19 Reported As: 1971 P Cr. L J 860 Result: Appeal allowed JUDGMENT JUDGMENT GHULAM SAFDAR J. This appeal is directed against the judgment of learned Session Judge, Larkana dated 24-8-1968 by which, the to accused, namely, Ali Nawaz son of Din Muhammad Barijo aged 35 years and Khan Muhammad son of' Sultan Barijo aged 30 years have been convicted for an offence under section 302/34, P. P. C. For the murder of Nihal son of Mehar Khan aged 35 years and both of them sentenced to death. They have also been convicted for an offence under section 13-D of the Arms Act and each of them sentenced to to years' R. I. The case is also before us by way of reference under section 374, Cr. P. C. And by this judgment the appeal and reference both would be disposed of together. 2. Shortly stated the prosecution case is that at about mid--night of 5-4-1967 the to accused, with common intention, murdered Nihal son of Mehar Khan as a result of gun fire in village Hussainabad Taluka Wara, District Larkana. The F. I. R. Of the incident was lodged at Wara Police Station, which is three miles away from the place of occurrence, by Muhammad-YaqoobP. W. 4 at 3-30 a.m. On 6- 4-1967. It was recorded by S. H. O. Imam Din P. W. 9 and reads as follows :- "The complaint of the complainant is that I…

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