Isso S/o Gaman vs Emperor - 1942 Supreme(Sindh) 86

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1942 Supreme(Sindh) 86

Isso S/o Gaman – Appellant
Versus
Emperor – Respondent

JUDGMENT

1. In this case two accused persons, Isso, son of Gaman and Ghulam Hussain, son of Golo, both Khosas by caste, have been convicted by the Sessions Judge of Sukkur of the double murder of a man named Gahi and a woman named Mariam, and each has been sentenced to death. The accused have appealed and their cases have also come before us for confirmation of the death sentences. So far as Ghulam Hussain is concerned, the learned Judge has passed the sentence of death on the assumption that under Section 341, Criminal P.C., he is empowered in the case of a man who is deaf and dumb not only to convict but to pass sentence. So for as Isso is concerned, the learned Judge rejected his case that he alone murdered this man and woman, because he found them in the act of illicit intercourse.

2. The case for the prosecution is that the deceased Gahi lived in a hut in his field in Deh Jiskanil; near the hut was a well belonging to him and the accused Isso, who is the brother of the woman Mariam who was murdered. Isso was a partner in the well with Gahi. With Gahi also lived his daughter Arab Khatun, her husband and their son Kaiser. A year before these murders, a nephew of Gahi, the accused

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