Law:

Section:

Keywords: Place, Investigation, Defence, Testimony, Prosecution, Imprisonment, Consideration, Set Aside, Offences, Evidence, Information, Notice, Care, Cross-Examination, Petition, Exchange, Examination, Procedure, Benefit Of Doubt, Dispute, Appearance Result: Appeal accepted JUDGMENT At the material time, that is to say, on 16th June 1972, the first informant Sono lived along with his relations in the village Fateh Muhammad Bhutto which is at a distance of about five miles from the Naudero Police Station in the District of Larkana. Among these relations might particularly be men tioned the witnesses Bagh, Hussain Bux and Gul Sher. It is his case that on That night a little past mid-night, lie woke up upon the barking of his dogs and saw in tile light of the torch that he flashed two persons, namely one Jaffar whom he knew before and another person whom be did not then know but who is the appellant Rahim untethering the bullocks which were, as usual, tied outside the house and taking them away and in consequence he raised cries which attracted the three witnesses whom I have named and who chased the culprits. The chase was joined in by about fifty or forty other persons who belong to the Bhutto case, the first informant being a Jat, and, in the course of this chase, both the culprits were caught and one of them, namely the person who had not been identified, was injured. The culprits too, being armed with a hatchet and a lathi, injured the prosecution party and two of them, that is to say, the first informant and the witness Bagb, received injuries. The culprits were apprehended, caught, tied at the scene and later taken by the first informant to the police station where his report was lodged at 7 a.m. An investigation ensued but beyond the fact that in the course of this investigation the three persons Injured were medically examin ed, there is no particular part of the investigation which needs specific mention. The two apprehended culprits were eventually tried by the learned IInd Additional Sessions Judge, Larkana, who convicted each of them under sections 394 read with 397 and 457 of the Pakistan Penal Code and sentenced them to rigorous imprisonment for…

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