Law: Criminal Procedure Code (V of 1898)

Section: 439

Law: Penal Code (XLV of 1860)

Section: 411

Criminal Procedure Code (V of 1898) S. 439 read with Penal Code (XLV of 1860), S. 411-Revision (criminal)-Recovery witness belonging to a different place, a retired Police Constable and appearing to be a Police stock witness--Some other persons although present at time of recovery yet none made to join investigation-Recovery of alleged stolen buffalo, held, not proved through reliable evidence and hence doubtful, in circumstances --Conviction and sentence set aside.-[Recovery-Witness]. Date of hearing: 10th February, 1981                                                                                                           JUDGMENT One bufalo of Nazir Ahmad was stolen on the night between 27th and 28th March, 1971, but he did not lodge any report till 2nd June, 1971. Muhammad Malik petitioner was arrested in some other case. On interrogation, he led the Police and the recovery witnesses to his dera and produced one buffalo, which was taken into possession under section 550, Cr. P. C. vide Exh. P H, dated 1stJune, 1971. The memo was attested by Nazir Ahmad son of Niamat and Muhammad Ali, After this recovery, Nazir Ahmad (owner of the buffalo) made statement, on 2nd June, 1971, and…