SHAFI MUHAMMAD vs THE STATE — 1971 PLD 721

Citation: 1971 PLD 721

Court: Sindh High Court

Year: 1970

Decision Date: 1970-10-06

Parties: SHAFI MUHAMMAD vs THE STATE

Headnotes

Case cited as PLD 1971 Karachi 721

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Haleem, Ghulam Rasool K. Shaikh Title: SHAFI MUHAMMAD vs THE STATE Case No.: Criminal Appeal No, 184 and Confirmation Case No, 15 of 1970 Date of Judgment:1970-10-06 Reported As: PLD 1971 Karachi 721 Result: Appeal allowed JUDGMENT JUDGMENT MUHAMMAD HALEEM, J.--Appellant Shaft Mohammad stands convicted under section 396, P. P. C. for causing the death of Rustomali while committing dacoity and also under section 13 (d) of the Arms Act for being in possession of an unlicensed fire-arm and sentenced to death on the first count and two years' rigorous imprisonment on the second count. Ghulam Mustafa was also tried along with the appellant but he was acquitted vide judgment dated 16th April 1970. The appellant has filed this appeal to challenge his conviction while the learned Sessions Judge, Larkana has also referred the case for the confirmation of his death sentence. This judgment will dispose of both the appeal as well as the reference. 2. Ijaz Ali, who resided in Warah, engaged on hire a jeep from Ghulam Murtuza Khan for bringing onions from a place known as Lalu Raunk. While returning from there at 8 p. m. on 8th March 1969 on the public road near the bridge of Sodhar Wah, he saw seven persons sitting on the bridge armed with weapons. No sooner the jeep reached the bridge these persons shouted to stop the jeep and fired at it; one of the bullets struck the driver, Rustomali who slumped in his seat and died immediately and…

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