Criminal Appeal 124/2013 (D.B.) Sindh High Court, Circuit at Hyderabad
Sindh High Court · 2019 · Before Amjad Ali Sahito
“(1). The accused Wazeer Ali S/o Khawand Bux @ Daid Shah Bhangwar and Zulfiqar Ali S/o Ali Khan Bhangwar are convicted and sentenced for an offence U/s 302(b) Tazir, be hanged with neck till they are dead and to pay Rs.1,00,000/-(Rupees One Lac) each as compensation to the legal heirs of both the deceased, as reference U/s 374 Cr.P.C is being submitted to the Honourable High Court of Sindh for confirmation. The accused Meer Sahib 2 S/o Ali Khan Bhangwar and Muhammad Khan S/o Shah Murad Bhangwar are sentenced for the offence U/s 302(b) Tazir 149 PPC to suffer life imprisonment and to pay compensation of Rs.50,000/-(Rupees Fifty Thousand) each to the legal heirs of both the deceased, in case of failure the accused shall undergo S.I for six months more. (2). The accused Meer Sahib S/o Ali Khan Bhangwar and Muhammad Khan S/o Shah Murad Bhangwar are also convicted and sentenced for an offence U/s 324, 149 PPC to suffer R.I for Seven years and to pay compensation of Rs.50,000/-each to injured / complainant Fida Hussain in case of failure of payment they shall suffer S.I for six months more. (3). The accused Meer Sahib S/o Ali Khan Bhangwar and Muhammad Khan S/o Shah Murad Bhangwar are convicted and sentenced to R.I three years for an offence U/s 337-F(ii)(iii) PPC and to pay the damn amount of Rs.20,000/-each to injured / complainant Fida Hussain, in case of failure they shall suffer S.I for three months more.”
2. It is alleged that the appellants with the rest of the culprits after having formed an unlawful assembly and in prosecution of their common object not only committed Qatl-e-Amd of Raza Hussain and Imam Bux by causing them fire shot injuries, but also caused fire shot injuries to complainant Fida Hussain with intention to commit his murder too and then went away by taking away with them Repeater gun of the complainant party, for that they were booked and reported upon by the police. 3
3. At trial, appellants did not plead guilty to the charge and prosecution to prove it examined the complainant and his witnesses (in all eleven in number) and then closed its side.
4. The appellants in their statements recorded U/s 342 Cr.P.C denied the prosecution allegation by pleading innocence; they however did not examine anyone in their defence or themselves on oath to disprove the prosecution allegation leveled against them.
5. On conclusion of the trial, learned trial Court convicted and sentenced the appellants as detailed above and then made reference with this Court for confirmation of death sentence awarded to appellants Wazeer Ali and Zulfiqar. Such reference now is being disposed of by this Court together with the appeals of the appellants by way of single judgment.
6. We have heard learned counsel for the parties and perused the record.
7. It was the case of prosecution that the appellants with rest of the culprits after having formed an unlawful assembly 4 and in prosecution of their common object committed the above said incident. In the instant matter the appellants have been found to be guilty for the offence alleged against them yet two of them (Wazeer Ali and Zulfiqar) have been awarded death penalty while two of them (Meer Sahib and Muhammad…
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