MANTHAR vs DHINGANO AND 2 Other — 1972 PLD 628

Citation: 1972 PLD 628

Court: Sindh High Court

Year: 1971

Decision Date: 1971-12-06

Parties: MANTHAR vs DHINGANO AND 2 Other

Headnotes

Case cited as PLD 1972 Karachi 628

Judgment Text

Court Name: Sindh High Court Judge(s): Tufail Ali A. Rehman Title: MANTHAR vs DHINGANO AND 2 Other Case No.: Criminal Revision No. 185 of 1969 Date of Judgment:1971-12-06 Reported As: PLD 1972 Karachi 628 Result: Revision allowed JUDGMENT JUDGMENT Three persons, namely, Dhingano, Hashim and Saindad were tried in the Court of the Additional Sessions Judge, Sanghar for the murder of one Biro. The learned Judge acquitted Hashim and Saindad but convicted Dhingano. Holding, however, that the case was covered by Exception 4 to section 300 of the Pakistan Penal Code, he convicted Dhingano under section 304, P. P. C. This revision application sought the reversal of the acquittal of Hashim and Saindad and the partial acquittal of Dhingano. Subsequently, however, the application was withdrawn so far as Hashim and Saindad are concerned and was pressed only against Dhingano. 2. The prosecution case was that on the date of the incident, that is, the 25th of June 1968 at about 7-30 in the morning the deceased Biro left for his land which was at a distance of about 3 blocks from his house instructing his son P. W. Manthar that the latter should follow him in a jeep intending that they would then both go together to Sanghar. Accordingly about 10 minutes later Manthar did proceed in a jeep towards the land but had hardly gone about an acre when he heard cries and saw Hashim and Saindad holding his father by his arms while Dhingano was striking at Biro with a spade. In the meantime…

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