Law: Penal Code (XLV of 1860)

Section: 395

Law: Criminal Procedure Code (V of 1898)

Section: 285

(a) Penal Code (XLV of 1860), S. 395-Motive of theft or extortion not alleged- Conviction under section 395 not maintainable.   (b) Penal Code (XLV of 1860),   S. 395 Prosecution evidence full of embellishments and suppression of material facts-Unsafe to base conviction on such evidence.   (c) Criminal Procedure Code (V of 1898),   S. 285-Assessor Judge whether has power to discharge (Quaere).   Dates of hearing: 17th and 20th April 1964,   JUDGMENT   SATTAR, J.-This appeal is by fourteen persons who along with eight others were placed on trial to answer a charge under section 395 of the Pakistan Penal Code.   The trial was started with the aid of 4 assessors but concluded with 2 only. One of them found all the accused not guilty but the other assessor found all the appellants and some of the acquitted accused guilty and others not guilty.   The learned Judge convicted the appellants under section 395 of the Pakistan Penal Code and sentenced Dil Muhammad Mondal to five years' rigorous imprisonment and the others to three years' rigorous imprisonment each. The other accused persons were acquitted.   The prosecution case shortly stated is that P. W. 1 Yakub Ali Mallick used to live at the house of the father of P. W. 8 Rashida Khatun at Bangalpara after he married the latter. On his homestead there were three huts-one is a western bhiti hut which is a tile-shed with a kitchen. Of the two other huts one is situated on the southern side and the other on the eastern side. There is a mud-wall on the northern side of his homestead with straw roof. It is said that on Friday, the 21st Bhadra, 1369 B. S. at about 4 p.m. P. W. 1 was sitting on the outside verandhah of his eastern but and was engaged in preparing a wooden stool. At about that time 30/35 persons including the accused persons armed with lathis, swords, kivich, daggers, sulpis, falas etc. fell upon his homestead with loud noise of. On seeing this P. W. 1 fled away and stood on the western side of his homstead. Thereafter the miscreants broke open the sadar daraja and entered inside the complainant's homestead and broke the western bhiti tile-shed,…