Law:

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Keywords: Conditions, Offences, Land, Prosecution, Order, Trial Court, Evidence, Consideration, Conviction, Prosecution Witness, Set Aside, Fine Result: Revision allowed JUDGMENT This revision application is directed against the conviction and sentence passed against applicant Ali Chaneho by the Civil Judge & F. C. M., Khipro and maintained in appeal by the Sessions Judge, Sanghar. 2. It is the case of the prosecution that on 30-1-1972 at about 2-00 a.m. Complainant Allah Bux heard noise from the western side of his house and on waking up he found two persons driving away his pair of bullocks. The complainant then woke up his brother Lakho and raised cries of thief! Thief! Which attracted villagers, Mooso, Gullo, Usman and others. On the commotion the thieves left the bullocks and started running away after throwing ghobatas at the pursuers. The complainant and Lakho received injuries and they also caused injuries to one of the two culprits, namely, Ali Bozdar while the other culprit made good his escape. Ali Bozdar was tied up and kept at the wardat along with the bullocks. He was asked as to who was the other culprit with him to which he replied that he was Ali Chaneho. Next day at 2-10 p.m. Allah Bux lodged his report at Khipro police station; the distance being 10 miles from the wardat. The Police arrested applicant Ali Chaneho on 31-1-1971. Both the culprits were then sent up in Court and convicted for offences under sections 382 and 323 read with 34, P. P. C. They were sentenced to R. I. For 2 years and a fine of Rs. 1,000 or in default R. I. For 4 months under section 382 and to R. I. For 1 year and a fine of Rs. 500 or in default R. I. For 2 months more under section 323, P. P. C. Only Ali Chaneho has preferred this revision application against the conviction and sentence. 3. It has been argued by the learned counsel on behalf of the applicant that the entire evidence against the applicant consists firstly of identification of the applicant at night when blows were struck and the two thieves were running away. Secondly there is the alleged extra judicial confession by Ali Bozdar in which he implicated Ali Chaneho as the co-accused. 4. The F. I. R.…

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