Law:

Section:

Ullah and Muhammad Hanif is directed against the judgment of the learned Special Court for Speedy Trial, Lahore, dated 22-7-1992, whereby they were convicted under section 411/34, P.P.C. and sentenced each to undergo three years' R.I. and a fine of Rs.10,000, in default to suffer further three months' R.I.

2.  Relevant facts are that Captain (Retd.) Khuda Bakhsh P.W.1 was going for Jumma prayers in his Car Exh.P-1 at 1-45 p.m. The car was being driven by Niaz Muhammad P.W.2. He was accompanied by Muhammad Zafar and Muhammad Irshad. The car was stopped on the way. Three persons whose identification marks were given stopped the car. One of them placed a gun on the temple of the driver, snatched the car and sat on the seat of the driver. He got the complainant out of the car. He dropped the other three on the way. The F.I.R. was lodged at 2-15 p.m. the same day viz 8-11-1991 at the P.S. Darya Khan, District Bhakkar. Search was made for the car. On 10-11-1991, the police apprehended the car which was being driven by Sana Ullah and Muhammad Hanif was sitting alongwith him. After necessary recoveries and investigation, the two appellants alongwith two others were challaned under section 397/34, P.P.C. and the two appellants also under section 411/34, P.P.C. The other two were acquitted but the appellants convicted under section 411/34, P.P.C., as stated above.