SAINDAD And 3 Others vs The STATE — 1972 PCRLJ 1233

Citation: 1972 PCRLJ 1233

Court: Sindh High Court

Year: 1971

Decision Date: 1971-05-27

Parties: SAINDAD And 3 Others vs The STATE

Headnotes

Case cited as 1972 PCRLJ 1233

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Haleem, Muhammad Ali Sayeed Title: SAINDAD And 3 Others vs The STATE Case No.: Criminal Appeal No. 267 of 1969 Date of Judgment:1971-05-27 Reported As: 1972 P Cr. L J 1233 Result: Appeal allowed JUDGMENT JUDGMENT . Muhammad Halebm, J.--Appellants Saindad, Ghulain Raza, Gulab and Sijoo alias Sijawal were tried along with Faqir Ghulam Rasool and Khandu for the attempted murders of Hadi Bux, Muhammad Alam, Dur Muhammad, Bangui, Abdullah alias Bidoo, Badal, Rashid and Shahbazdino and except for Faqir Ghulam Rasool, all others were convicted under section 148 and section 30? read with section 149, P. P. C. and sentenced to two years' rigorous imprisonment on the first count and transportation for life on the second. Khandu, however, died after his conviction. The other appellants have appealed against their convictions. 2. The present incident is the outcome of dispute over possession of land bearing survey No. 538 situated in deh Gharjagir in taluka Rohri. At 10 a.m. on 2nd July 1967 it was alleged that while Muhammad Alam along with Hadibux, Badal, Bangui, Rashid, Shahbazdino, Dur Muhammad and Bidoo were transplanting paddy seedlings the appellants along with Faqir Ghulam Rasool and deceased Khandu arrived there in a jeep and diverted the water from survey No. 538/6.38 and No. 236/2.36 which were in their possession, upon which Hadibux and Dur Muhammad approached them and proclaimed that these survey numbers belonged to them and…

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