| Citation(s) |
|---|
| 1958 SLG 325 1958 SLD 325 = 1958 PLD 492 |
Criminal Appeals Nos. 203 of 1954, 204 of 1954 and 100 of 1956; decided on 30 th April 1958.
Munshi, J
YAQUB-Appellant
VERSUS
THE CROWN-Respondent (2) AKBAR KHAN and others-Appellant Versus THE STATE-Respondent (3) ISMAIL-Appellant Versus THE STATE-Respondent
Law:
Section:
MUNSHI, J.---- These are appeals under S. 9 of the Crimrnal Law Amendment Act, 1949, against the judgment of the Specia. Judge, Karachi (Mr. Ghaznavi) convicting the appellant Yaqui: under S. 420 and sentencing him to R. I. for 5 years and to pat fine of Rs. 10,000 or in default to suffer further R. I. for 18 months, and appellants Rehmat Khan, Fakir Hussain and Akha Khan under Ss. 420/109 and 166, P. P. C. and sentencing them to R. I. for 3 years each under the former and to S for one year under the latter section. The learned Judge tried Ismail, who was also involved in this crime, separately as he had absconded, and was arrested when the trial of the above appellants had nearly ended This judgment will dispose of all the appeals. The facts giving rise to the appeals are these : On 21-9-51, Yaqub appellant represented to complainant Abdul. Karim that appellant Ismail and his relations had some sovereigns for disposal, and that he would be prepared to sell their at reduced price. To this Abdul Karim agreed, and then he and his brother Habib went with Yaqub to a place near Taj Mahal Cinema where the latter introduced appellant Ismail to them. Ismail told them that one of their relations had sovereigns for disposal, and then he took them towards Jubilee Cinema where he introduced two persons to them. From there they went toward Burns Garden where they met an old man who showed Abdid Karim four sovereigns which were examined by him and found to be genuine. Abdul Karim agreed to purchase them at the rate of Rs. 62 per sovereign. They dispersed and agreed to meet near Jubilee Cinema at 4 p.m. Karim took 90 currency notes of 100 each with him. He had noted down the numbers of the currency notes on a piece of paper. They met Ismail near Jubilee Cinema, and from there they went to Khalid Restaurant, where they met the old man who had earlier shown sovereigns to Abdul Karim in Burns Garden. He enquired from Abdul Karim whether he had brought the money with himself to which Abdul Karim replied in the affirmative. The old man told him that a man had gone to bring the sovereigns from his house, and that he would come soon and that in the meantime he…