Ali Muhammad, Andal, Qaim and Hazur Bux vs The State — 1970 SCMR 270

Citation: 1970 SCMR 270

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Headnotes

Result: Appeal dismissed Judgment JUDGMENT SHAHABUDDIN, J.-The appellants Ali Muhammad, Andal, Qaim and Hazur Bux, were convicted along with five others by the Sessions Judge of Larkana of offences punishable under sec--tions 147, 148, and sections 323, 325 and 302/149, P. And while the appellants Ali Muhammad, Andal and accused illahi Bakhsha were sentenced to death for murder, the other accused per--sons including the appellants Qaim and Hazur Bux were awarded the lesser sentence of transportation for life.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Muhammad Shahabuddin, Muhammad Sharif, Muhammad Munir, A. S. M. JUDGMENT Reported As: 1970 SCMR 270 Result: Appeal dismissed Judgment JUDGMENT SHAHABUDDIN, J.-The appellants Ali Muhammad, Andal, Qaim and Hazur Bux, were convicted along with five others by the Sessions Judge of Larkana of offences punishable under sec--tions 147, 148, and sections 323, 325 and 302/149, P. P. C. And while the appellants Ali Muhammad, Andal and accused illahi Bakhsha were sentenced to death for murder, the other accused per--sons including the appellants Qaim and Hazur Bux were awarded the lesser sentence of transportation for life. All the accused persons were sentenced to various terms of imprisonment for other offences. On appeal the Chief Court of Sind acquitted all the accused, except the four appellants. The appeal was dismissed as far as appellants Hazur Bux, Qaim and Ali Muhammad were concerned and the death sentence imposed on Ali Muhammad was confirmed. In respect of appellant Andal the sentence was reduced from death to transportation for life. This is an appeal by special leave from the judgment of the Chief Court. The case for the prosecution was as follows. In- respect of certain, land .In Deh Mithodero in Taluka Larkana a.'dispute had arisen between the prosecution witness Bakhir and accused Ali Nawaz who was acquitted by the Chief Court. They applied to Government for the land and at first it was granted to Ali Nawaz, but on…

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