MOULA BUX vs The STATE — 1972 PCRLJ 100

Citation: 1972 PCRLJ 100

Court: Sindh High Court

Year: 1971

Decision Date: 1971-06-21

Parties: MOULA BUX vs The STATE

Headnotes

Case cited as 1972 PCRLJ 100

Judgment Text

Court Name: Sindh High Court Judge(s): Agha Ali Haider, Muhammad Ali Sayeed Title: MOULA BUX vs The STATE Case No.: Criminal Appeal No. 227 and Confirmation Case No. 37 of 1970 Date of Judgment:1971-06-21 Reported As: 1972 P Cr. L J 100 Result: Order accordingly JUDGMENT JUDGMENT Muhammad Ali Sayebd, J.--The appellant has been convict ed by the learned Additional Sessions Judge, Larkana under section 302, P. P. C. for the murder of Sher Khan son of Jalal and sentenced to death by his judgment dated 12th of June 1970. This judgment of conviction and sentence has come up be fore us for confirmation. The appellant has also appealed against the same. 2. Deceased Sher Khan is the maternal uncle of the appel lant. The lands of the appellant as well as of P. Ws. were situated in deli Bhangwar Acha and drew water from a common water course, fed by Gul canal in taluka Warah. 3. P. W. Mazan who is the brother of deceased Sher Khan had his own land in deh Minhan Kahi, which was at a distance of about a mile from the wardat of the crime. On the morning of 6th July 1969 Mazan was on his land when his cousin Suhno came up to him at about 10 a.m. and informed him that he (Suhno) and his uncle Sher Khan were ploughing the land when Sher Khan left telling Suhno that he would go and open the water. It would appear that appellant Maula Bux had diverted the water to his own lands. On reaching the water course deceased Sher Khan asked the appellant as to why he had stopped the water. An…

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