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Keywords: Failure, Cross-Examination, Place, Defence, Property, Trial Court, Benefit Of Doubt, Examination, Land, Discharge, Set Aside, Fine, Delay, Production, Consideration, Proceedings, Evidence, Recovery, Conviction, Order, Prosecution, Care Result: Appeal allowed JUDGMENT This appeal under section 410, Cr. P. C. Is directed against the judgment of Mr. Ahmed Khan Barakzai. Sessions Judge, Dadu dated 4th May 1971, whereby he convicted the appellants Ramzan and Allah Dino under section 436/34, P. P. C. And sentenced to each of them to one year's R. I. And also to pay a fine of Rs. 1,000.00 or in default to further six months' R. I. He however, acquitted the third accused Saleh. 2. Briefly the facts of this case are that on 9th June 1969, complainant Hafiz Loung, resident of village Suleman Panhwar who was on his duty at Dadu, his neighbour A.I Bux came to him at 6 p.m. And informed him that on that day at about 2 p.m. While he along with P. W. Yaqoob were returning from their land, they saw near the enclosure of the complainant's house appellants Ramzan and Allah Dino sitting there and doing something while Saleh (since acquitted) was standing by their side. The P. Ws. Challenged them whereupon they stood and ran away. Soon thereafter they observed fire coming from the enclosure of the complainant's house. Ismail Usman sad others arrived at the scene to whom these P. Ws. Narrated the whole incident, and some other villagers also started extinguishing the fire. In the meanwhile P. W. A.I Bux was sent by Ismail to inform the complainant, who came from Dadu and found his house burnt down along with his household effects. He also saw the house of Usman, Yaqoob, Wahid Bux and others completely burnt down into the same fire. These houses being very near to the house of the complainant. The motive alleged to be that four days prior to the incident the appellants had refused to give Batai/ share of grain to the complainant and threatened to cause loss of life and property to him. On this ground it is stated by the complainant in the F. I. R. That he had lodged a complaint against them at Dadu Police Station on behalf of his cousin Wahid Bux and the police came and…

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