Law:

Section:

Keywords: Property, Evidence, Grazing, Substitution, Conviction, Plea, Verification, Offences, Custody, Proceedings, Offer, Place, Exception, Consideration, Theft, Parties, Charge-Sheet, Registered, Prosecution Result: Appeal dismissed JUDGMENT This appeal from the judgment of the learned Sessions Judge, Nawab shah, convicting the appellants for offences under sections 379 and 323/34, P. P. C. And sentencing them to R. I. For 2 years each, and R. I. For 6 months each respectively tire sentences running concurrently has arisen in the following circumstances. 1. It is alleged that on 3-8-1971, Ranjho, a nephew of the complainant Ali Khaskhaili, was grazing cattle in a forest near Keti Abubakr, when the appellants and one person appeared at the scene and drove away three cattle; a buffalo belonging to Ali Khaskhaili and a buffalo and a calf belong ing to P. W. Mir Ranjho ran to the village and apprised Ali Khaskhaili of the happenings. Ali Khaskhaili, accompanied by Rano Khouro, Mir, Ayub and Majid, immediately took up the chase to recover their cattle. The party overtook the culprits at a distance of 8 'athas', but they were resisted by the culprits who were armed with hatchets and lathls. It is said that, though injuries were sustained by Khuro Rano, and Ayub, they succeeded in catching hold of the present appellants, while one of their companions made good his escape. Ali Khaskhaili, leaving, the appellants in the custody of his companions, proceeded to Abji Police Out Post where an entry was made in the Roznamcha. A little later, the F. I. R. Was recorded at the Nausheroferoz Police Station, and a Police Party reached the place where the appellants had been secured and detained by the complainant's party. After due inquiry, the injured persons, including, the appellants, were referred to the hospital, and the charge-sheet was submitted against the appellants alone for an offence under section 394, P. P. C. 2. The appellants in their statement at the Court of inquiry as well as the trial denied the allegation made against them. The complainant Ali Khaskhaili, P. Ws. Rano, Ayub, Kouro, and Mir had all participated in the chase and they are all from the same…

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