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NOOR MUHAMMAD And Another vs The STATE — 1972 PCRLJ 614

Citation: 1972 PCRLJ 614

Court: Sindh High Court

Year: 1971

Decision Date: 1971-06-16

Parties: NOOR MUHAMMAD And Another vs The STATE

Headnotes

Case cited as 1972 PCRLJ 614

Judgment Text

Court Name: Sindh High Court Judge(s): Agha Ali Haider, Muhammad Ali Sayeed Title: NOOR MUHAMMAD And Another vs The STATE Case No.: Criminal Appeals Nos. 79 and 80 of 1968 Date of Judgment:1971-06-16 Reported As: 1972 P Cr. L J 614 Result: Appeal allowed JUDGMENT JUDGMENT Agha Ali Hyder, J.--The appellants were convicted by the learned Sessions Judge, Jacobabad, for an offence under section 302, P. P. C. and sentenced to undergo transportation for life. Aggrieved by the judgment of conviction and sentence, they have come in appeal. 2. The prosecution story succinctly stated is that on the 10th April 1963, Sabz Ali was sitting in the house of Wali Muhammad in Deh Haji Mevo Khan, District Jacobabad, along with his daughter Mst. Noor Khatoon and his niece Mst. Bakhtawar. The appellants and one Jamal came into the house, armed with hatchets. Sabz Ali and Noor Khatoon were cut to pieces while Mst. Bakhtawar managed to make good her escape, and took shelter in a neighbouring house. Wali Muhammad the brother of Mst. Bakhtawar had also turned up at the warclat on hearing the commotion and was done to death. The assailants then bolted away. 3. Dur Muhammad the uncle of Sabz Ali who was harvest ing his crop, after verifying the details of the tragedy proceeded to Usto Levy Police and lodged the F. I. R. which was recorded by the Thanedar. It is alleged that the appellants were arrested the same day. Kazi Ghulam Sarwar the Tehsildar, prepared the inquest report, but the dead bodies…

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