ABDUL HAKIM AND 2 OTHERS vs THE STATE — 1971 PLD 239

Citation: 1971 PLD 239

Court: Sindh High Court

Year: 1969

Decision Date: 1969-12-02

Parties: ABDUL HAKIM AND 2 OTHERS vs THE STATE

Headnotes

Case cited as PLD 1971 Karachi 239

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Haleem, Ghulam Rasool K. Shaikh Title: ABDUL HAKIM AND 2 OTHERS vs THE STATE Case No.: Criminal Appeal No, 283 of 1968 Date of Judgment:1969-12-02 Reported As: PLD 1971 Karachi 239 Result: Orders accordingly JUDGMENT JUDGMENT MUHAMMAD HALEEM, J.--Appellants Abdul Hakim (25), Moharram (20) and Alidino (21) were tried for the murder of Dur Muhammad alias Sawayo by the learned Additional Sessions Judge, Khairpur and convicted under section 302 read with section 34, P. P. C. and each one of them was sentenced to transportation for life. They have appealed. 2. The incident occurred on a pucca road near Rohri canal bridge on 11th March 1967 at 12-00 noon. It is alleged that Dur Muhammad alias Sawayo had gone that day from his village Aathere to village Luqman which is at a distance of 2i miles, to visit Gulu (P. W. 2) in the morning. They were returning on a cycle and when they reached the eastern side of the Rohri canal bridge they saw the appellants standing on the eastern extremity of the bridge ; the appellants then challenged them to stop saying that "you had quarrelled with us over the chappal at the shop of Saleh Metlo and we will not spare you now". Dur Muhammad and Gulu thereupon replied that "you had stolen the chappal", upon which appellant Moharram struck a knife blow on Dur Muhammad ; another blow was struck on him by Abdul Hakim. Dur Muhammad then fell down and Gulu raised cries, which attracted Ali Gul (P. W. 6),…

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