Law:

Section: A I R 1951 Cal. 475

(a) Identification parade---   ---Test parade--Purpose-Prosecution evidence not to be discarded merely because no parade was held.   Provash Kumar Bose and another v. .The King A I R 1951 Cal. 475 and Awadh Singh and others v. The State A I R 1954 Pat. 483 ref.   (b) Criminal trial---   ---Evidence-No identification parade held -Conviction may be based on evidence of independent and disin terested witnesses.   JUDGMENT   This revision petition is directed against the order of Sh. Iqbal Ahmad, Sessions Judge, Shahpur at Sargodha, dated the 24th of September 1900, whereby he upheld the conviction of Aftab, son of Muhammad Afzal under section 411, P. P. C., but reduced the sentence to two years' rigorous imprisonment.   2. The relevant facts are as follows. The petitioner was a cashier in the Electricity Branch, Thal Development Authority, Jauharabad. Forty-nine. iron girders belonging to the Thal Development Authority were lying stacked near the Technical School Building, Jauharabad, under the direct charge of Khushi Muhammad Overseer (P. W. 5) Khushi Muhammad P. W. had deputed Sher Muhammad and Muhammad Siddiq Chaukidars of the Thal Development Authority to keep a watch over these girders. On the 16th of November 1957, Chaukidar Sher Muhammad reported to Khushi Muhammad Overseer that nineteen iron girders out of forty-nine were missing. Khushi Muhammad checked the stock and finding that nineteen iron girders were missing, sent the report, Exh. P. A. to Police Station Khushab During the course of the investigation it transpired that the petitioner and one Mehnga had removed the iron girders in a truck from Jauharabad to Railway Station Bhalwal and there they were booked by goods train to Lahore. The consignee was Mehnga, though he had given out his name as Abdul Aziz and the consign ment was to self. The police took into possession the nineteen girders from the railway station and in due course challaned the two accused.   The petitioner was granted bail before arrest by this Court on the 31st of January1958, anal he appeared before the Sub-Divisional Magistrate, Jauharabad, on the 13th of February 1958. At the trial a…