MITHO vs THE STATE — 1972 PLD 553

Citation: 1972 PLD 553

Court: Sindh High Court

Year: 1971

Decision Date: 1971-06-25

Parties: MITHO vs THE STATE

Headnotes

Case cited as PLD 1972 Karachi 553

Judgment Text

Court Name: Sindh High Court Judge(s): Agha Ali Haider, Mir Khuda Bakhsh Marri Title: MITHO vs THE STATE Case No.: Criminal Appeal No. 197 of 1968 Date of Judgment:1971-06-25 Reported As: PLD 1972 Karachi 553 Result: Appeal allowed JUDGMENT JUDGMENT AGHA ALI HYDER. J.-The appellant was convicted by the learned Additional Sessions Judge, Jacobabad for offences under sections 302 and 324, P. P. C., and also under section 13-D of the West Pakistan Arms Ordinance. For the offence under section 302, P. P. C. He was sentenced to transportation for life, and to pay a fine of Rs. 2,000.00 or in default to undergo further R. I. For one year. He was awarded a sentence of two years' R. I. For the offence under section 13-D of the West Pakistan Arms Ordinance. But there was no separate sentence under section 324, P. P. C. Aggrieved by the Judgment of conviction and sentence, he has come in appeal. 2. P. W. Muhib Ali, and Jogi since deceased were first cousins, and lived separately in village Gaman Khan Lobar, in the District of Jacobabad. P. W. Rawat belonged to the same village, while the appellant comes from village Hayat Khan Bozdar, in the District of Larkana some 18 miles away. 3. The prosecution story, as disclosed in the F. I. R. Is, that on 21-6-1966 at about the trephari time Jogi and his father Wassu were sitting in their house along with Muhib Ali and his father Chudio, when the appellant and Rawat, turned up. They requested Jogi, to accompany them to the village Miranpur,…

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