AMAN Alias AMAN ALI vs Thb STATE Case No — 1972 PCRLJ 369

Citation: 1972 PCRLJ 369

Court: Sindh High Court

Year: 1971

Decision Date: 1971-04-27

Parties: AMAN Alias AMAN ALI vs Thb STATE

Headnotes

369 Result: Appeal allowed JUDGMENT JUDGMENT Muhammad Haleem, J.--Appellant Aman was tried along with Allahwarayo, Khan Mohammad and Ahmad for the murder of Makhan, but was only convicted under section 30. read with section 34, P.

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Haleem, Muhammad Ali Sayeed Title: AMAN Alias AMAN ALI vs Thb STATE Case No.: Criminal Appeal No. 225 and Confirmation Case No. 30 of 1970 Date of Judgment:1971-04-27 Reported As: 1972 P Cr. L J 369 Result: Appeal allowed JUDGMENT JUDGMENT Muhammad Haleem, J.--Appellant Aman was tried along with Allahwarayo, Khan Mohammad and Ahmad for the murder of Makhan, but was only convicted under section 30. read with section 34, P. P. C. and sentenced to death by the learned Sessions Judge, Khairpur Mir's vide judgment, dated 16th June 1970. He has referred his case for the confirmation of the death sentence while the appellant has appealed against his conviction. This judgment wiil dispose of both the reference and the appeal. 2. The report of the incident was lodged by Muhammad Malook, brother of the deceased, at 11 p.m. on 9th June 1969, at Police Station Ahmad pur, which is 8 miles away and it was recorded by Muhammad Sharif, Head Constable. 3. The appellant, deceased and the prosecution witnesses resided in village Qabool Jagirani situated in Deh Mohal, taluka Khairpur. Acquitted accused, Allahwarayo, owned 12 or 13 Jareebs of land which was cultivated by Qadir Bux, uncle of the deceased. About 3 or 4 days before the day of incident, i.e., 9th June 1969, Allahwarayo asked Qadir Bux to vacate his land as he intended to give it for cultivation to the appellant and acquitted accused Khan Muhammad, but Qadir Bux refused to hand it…

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