Law:

Section:

Keywords: Period, High Court, Stolen Property, Information, Factum, Cross-Examination, Payment, Land, Guilty, Possession, Place, Commission, Offences, Order, Examination, Removal, Grounds, Theft, Apprehension, Recovery, Prosecution, Defence, Property, Fine, Maintain, Set Aside, Dispute, Condone, Evidence, Consideration, Retrial, Prosecution Witness, Delay, Investigation, Removal, Imprisonment, Conviction, Provisions Result: Order accordingly JUDGMENT On the conclusion of the hearing of this appeal I had by a short order dismissed the appeals with modifications in conviction and sentences and I now proceed to record the reasons for the same. 2. The prosecution story briefly is that on 23-4-1966, at assure time which would roughly correspond to about 4-30 p.m., complainant Khan Muhammad, who is a maternal uncle of Muhammad Yaqoob Khan, and had come to stay with the latter as a guest in the village Karim Bux, within Thul Tehsil, of the District of Jacobabad got up from sleep and found that there was a large hole in the kote (compound wall) of the house of Muhammad Yaqoob and this aroused a suspicion in his mind about a theft and burglary having taken place during the night. Complainant K ban Muhammad woke up Muhammad Yaqoob who also saw the hole in the wall and on checking found an iron trunk containing clothes and a vacuum flask and a gold ring missing. One Badruddin was thereafter called and he was sent to bring the pagi (Foot Tracker) who was brought and indistinct foot prints of five persons were noticed. The prints were marked and the party consisting of Khan Muhammad, Yaqoob, Badruddin, Dil Karim and some others tracked the prints, which entered village Khawind Bux. Thereafter, the prints were shod indicating that the five persons had put on shoes at village Khawind Bux. Beyond this village of Khawind Bux the empty trunk with a broken lock was seen by the complainant party lying abandoned in the nearby fields. The tracking party proceeded further and Sikandar Khoso met the tracking party near the village of Mir Khan Khoso, and be informed the complainant party that he had seen five persons having a bundle, going in the Southern direction; out of whom he had…

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