Law: Penal Code (XLV of 1860)

Section: 394. 397

(a) Penal Code (XLV of 1860) S. 394 RobberyFirst information report lodged promptly mentioning all details of crime and name of accused Evidence of victim and fact that she was victim of a robbery in circumstances alleged established by medical evidenceConviction and sentence maintained in circumstances. (b) Penal Code (XLV of 1860)  S. 397 RobberyWord "uses" occurring in S. 397 hoes not necessarily mean use of deadly weapon so as to cause injury Carrying of a deadly weapon during dacoity or robberySufficient to bring case within mischief of S. 397, P. P. C. Date of hearing: 5th November 1973.                                                                                                             JUDGMENT At the material time the victim of this crime, namely, Mst. Budhi was living with her husband, the first informant Haji, in the village of liaji Waseer in Taluka Ghotki, District Sukkur. On the 13th August .1970, accompanied by a minor girl named Nihalgn, she had gone to another village where her daughter resided in order to visit the latter. At about 4(0 p.m. on that day the first informant who was then sitting in his house together with two of his relations, namely, prosecution witness Moliabbat and defence witness Malhoo saw the girl Nihalan running up to them and she informed them that a man was robbing his, that is to say, the first informant's wife, and that she had come to inform him. All the three men, that is Haji, Mohabbat and Malhoo then went rushing towards the side which led to the village of the first informant's daughter and found his wife. Mst. Budhi, near the Seed Farm Ghotki which is 3/4 mile away from their own village. He found that blood was tricking from her ears and that her gold. walis were missing and she informed her husband that, as she was returning from her daughter's house and had reached a place near the Seed Farm, the appellant Fatoo…