GHULAM HYDER vs THE STATE — 1970 PCRLJ 1052

Citation: 1970 PCRLJ 1052

Court: Sindh High Court

Year: 1970

Decision Date: 1970-08-11

Parties: GHULAM HYDER vs THE STATE

Headnotes

Case cited as 1970 PCRLJ 1052

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Haleem, Muhammad Hayat Junejo Title: GHULAM HYDER vs THE STATE Case No.: Criminal Appeal No. 430 of 1968 Confirmation Case No. 59 of 1969 Date of Judgment:1970-08-11 Reported As: 1970 P Cr. L J 1052 Result: Appeal dismissed JUDGMENT JUDGMENT MUHAMMAD HALEEM, J.-Appellant Ghulam Hyder atlas Gullu (20) was tried by the Sessions Judge, Tharparkar, along with Faizoo (15) for the murder of Budh4 and both of them were convicted on a charge under section 302 read with section 34, P. P. C. And appellant Ghulam Hyder was alone sentenced to death. No sentence was, however, passed on Faizoo as he was a child offender within the meaning of section 4 of the Children Act and he was ordered to be detained in the Juvenile section of the jail or in the remand home at Landhi with a direction that his case be referred to the Provincial Government for orders. The reference, which is also before us for the confirmation of the death sentence, and the appeal will be disposed of by this judgment. 2. The report (Exh. 7) of the incident was lodged by Allahbachayo (P. W. 2) at Police Station Taluka (Mirpurkhas), which is at a distance of 14 miles from the uncultivated land of a Malhi in deh 134 where the incident occurred. The report was recorded by Dodo Khan S. H. O. (P. W. 5) at 1 a. m. On 23rd October 1967. 3. The facts of the prosecution case as revealed in this report are these on 22nd October 1967 at about Vichi prayer time while Allahbachayo,…

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