Law: Penal Code (XLV of 1860)

Section: 378, 393, 396

(a) Penal Code (XLV of 1860) S. 378, illus. (p) & S. 393 Theft-Dacoity-Possibility that accused along with other co accused went in Panchayat to bring back his buffalo, being correct-Accused taking buffalo out of possession of prosecution witness which he had exchanged with his own buffalo-Accused, held, could not be held guilty of commission of theft and conse quently of dacoity in circumstances. (b) Penal Code (XLV of 1860) S. 396-Daeolty-Possibility that deceased lost his life and prosecution witness injured at the hands of their own party-men, not ruled out-Accused bearing large number of fire-arm injuries and in all probability none of accused persons was armed with gun at time of occurrence Prosecution, held, failed to establish affirmatively that accused were responsible for causing death of deceased in circumstances Convictions and sentences set aside. Dates of hearing : 27th, 28th and 30th May 1969. JUDGMENT MUSHTAQ HUSSAIN MUNIR, J.-Shahu (55), Farid (45), Amir (40), Manzur (45), Ramzan alias Ramoon (50), Lal alias Lalu (50), Lashkari (65) and Yousaf alias Anno (40) were con victed by the learned Sessions Judge, Lyallpur, under section 396 of the Pakistan Penal Code for committing murder of Muhammad deceased son of Jagu, while jointly committing dacoity and under section 395 read with section 397, P. P. C. for attempting to cause the death of or causing grievous hurt to Sultan (P. W. 11) being armed with deadly weapons. Shahu and Farid accused have been sentenced to death under section 396 of the Pakistan Penal Code and to ten years' rigorous, imprisonment and a fine of Rs. 2,000.00 each in default of payment of which, to further rigorous imprisonment for three years each under section 395 read with section 397 of the Pakistan Penal Code. The latter sentences, awarded to them, have been directed to operate only, if the death sentences were not confirmed by this Court. The remaining accused, namely, Amir, Manzur, Ramzan, Lashkari, Yousaf and Lal have been sentenced to transportation for life and a fine of Rs. 2,000.00 each under section 396 of the Pakistan Penal Code and in default of the payment of fine, they have been directed to suffer…