ARSALLAH AND Another vs THE STATE — 1971 PCRLJ 853

Citation: 1971 PCRLJ 853

Court: Sindh High Court

Year: 1969

Decision Date: 1969-05-20

Parties: ARSALLAH AND Another vs THE STATE

Headnotes

Case cited as 1971 PCRLJ 853

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Haleem Title: ARSALLAH AND Another vs THE STATE Case No.: Criminal Appeal No. 13 of 1969 Date of Judgment:1969-05-20 Reported As: 1971 P Cr. L J 853 Result: Appeal allowed JUDGMENT JUDGMENT Appellants Arsallah Khan (26) and Rasool Bux (30) were tried for having committed a murderous assault on Beero (P. W. 1) by the Additional Sessions Judge, Larkana and convicted of an offence under section 307/34, P. P. C. And each 'one of them was sentenced to rigorous imprisonment for 7 years on the above count. They have filed this appeal to question their conviction and the sentence imposed on them as afore-stated. 2. The report (Exh., 5) of the incident was lodged by Beero (P. W. 1) himself at 3 a.m. On 25th January 1967 at Police Station, Shahdadkot which is at a distance of 25 miles from the land of Ghulam Nabi Magsi near village Chuki, where the incident is alleged to have occurred at tipahri the on 24-1-67. This report was recorded 'at the Police Station by Zamir Hussain Shah (P. W. 4) which was to the following effect :- "I am `hari' of Haji Ghulam Nabi Magsi. On 24-1-67 at about 'tipahri' the I was going to turn the water at the opening of the watercourse "Haji Jar". I reached at my survey number which was cultivated with wheat. When Sheral son of Allah Bux, Arsallah and his brother Rasul Bux, and Diljan Khoso resident of village Piral Khoso emerged from western side. Out of them Sheral was armed with a double-barrelled gun and…

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