MUHAMMAD HASSAN AND Another vs THE STATE Opponent — 1970 PLD 413

Citation: 1970 PLD 413

Court: Sindh High Court

Year: 1969

Decision Date: 1969-12-31

Parties: MUHAMMAD HASSAN AND Another vs THE STATE Opponent

Headnotes

Case cited as PLD 1970 Karachi 413

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Haleem, Ghulam Rasool K. Sheikh, Ghulam Rasool K. Shaikh Title: MUHAMMAD HASSAN AND Another vs THE STATE Opponent Case No.: Criminal Appeal No. 256 of 1968 and Confirmation Case No. I of 1969 Date of Judgment:- Reported As: PLD 1970 Karachi 413 Result: Appeal rejected JUDGMENT JUDGMENT MUHAMMAD HALEEM, J.----Muhammad Hasan (22) and Sadhro (22) were tried for the murders of Muhammad Usman (45) and Natho (l7) by the II Additional Sessions Judge, Hyderabad and convicted on a charge under section 302 read with section 34, P. P. C. And each of them have been sentenced to death. They have appealed. The reference under section 374, Cr. P. C. For confirmation of their death sentence is also before us. This judgment will dispose of the appeal as well as the reference. 2. The incident occurred on 2nd March 1967 at 10-30 a.m. In the Shahi Bazar in Hala Town. The report (Exh. 14) of the incident was lodged by Noor Muhammad (P. W. 4) the same day at 11 a.m. At Police Station Hala, which is at a distance of 10 furlongs from the place of incident. This report was recorded by Qamardin A. S. I. (P. W. 12). 3. The facts of the prosecution case are these: While Noor Muhammad, Lakhano and Muhammad were in the Shahi Bazar they saw Usman coming in front of them from the south. He was being followed by appellants Muhammad Hasan and Dadhoro, the former had a double-barrel gun and the latter a hatchet. Within his sight Muhammad Hisan fired his gun at…

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