Law:

Section:

Keywords: Grievous Hurt, Information, Place, Defence, Notice, Testimony, Custody, Investigation, Prosecution, Held Responsible, Consideration, Magistrate, Enhancement, Evidence, Recovery Result: Appeals dismissed JUDGMENT These to connected appeals namely, Criminal Appeals Nos. J-367/68 and J-36SJ68 have been filed by appellants Roshan Shah son of Soomer Shah and Biro son of Sojhro who have been both convicted by the same judgment dated 13-7-1968 of the learned Additional Sessions Judge, Dadu for an offence under sections 394/397, P. P. C: and 13(d) of the Arms Ordinance and sentenced to suffer R. I. For seven years and one year respectively; both the sentences to run concurrently. 2. The prosecution case in brief was, that on 11-12-1963, at about 7-45 p. m. The appellants alongwith one Pario son of Dilshad Chandio, who has not preferred any appeal, committed highway robbery in the course of which several persons were robbed and injured. One of the: injured persons was the Mukhtiarkar, Khairpur Nathan Shah, namely, Mohammad Chanesser P. W. 4, who has been permanently disabled on account of the said injury. The. First Information Report relating to the occurrence was lodged by Ali Ahmed, P. W: 1 the same evening at 10-30 p.m. At Police Station, Khairpur Nathan Shah about: 3 miles away from the scene of occurrence. 3. Fazal Hussain, S. H. O., Khairpur Nathan Shah in the meantime on hearing a rumour about the robbery reached the wardat at about 8 p.m. And learnt that-the robbers had already gone away in a jeep. He; thereafter went after theta, but got no clue of them. In; the course of investigation, the S. H. O. Learnt that one of the robbers was Roshan Shah and to others were Chandios by caste. On 19-2-1964, the S. H: O. Received in formation that the to Chandios, were arrested by Kambar Police in some other crime and on 20-2-1964 he took both of them namely, appellant Biro and his co-accused Pario in his custody. Appellant Roshan Shah was, however, arrested on 24-2-1964 from the town of Mehar. He immediately volunteered to produce his gun which was recovered at his instance from a heep of dung lying within the fence of his house. He also produced to wrist…

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