Law: Criminal Procedure Code (V of 1898)

Section: 410

Law: Penal Code (XLV of 1860)

Section: 307

Criminal Procedure Code (V of 1898) S. 410 read with Penal Code (XLV of 1860), S. 307--Appeal (criminal)-Evidence, appreciation of--Accused not known to pro secution witnesses nor anything on record to suggest such witnesses being in any way inimical or hostile so as to implicate an innocent person-Conviction maintained, in circumstances-Accused also undergoing sentence in a murder case for life imprisonment-Held No legal justification to order two sentences to run consecutively-- Sentences ordered to run concurrently, in circumstance.-[Sentence).             Date of hearing: 12th January, 1981.                                                                                                            JUDGMENT Ali Muhammad and his brother Shera, were tried under sections 380/411, 307/394/397, P. P. C. by Magistrate Section 30, Jauharbad District Sargodha. The trial Magistrate by his judgment dated 15thApril 1979, acquitted Shera. Ali Muhammad was convicted under section 307, P. P. C, and sentenced to seven years' R. I. and fine of Rs. 5,000 in default of payment thereof to one year R. I. He was further convicted under coon 382, P. P. C. and sentenced to six years' R. I, and fine of Rs. 3,000 in default to one year R. I. The sentences were to run consecutively. In addition, the convict was ordered to pay Rs. 5,000 each to Haji Muhammad Nawaz and Muhammad Amir P. Ws. or in default to under go six months' R. I. The convict has filed this appeal through Jail. 2. Prosecution case is that on the night of 26th and 27th of January, 1978, Muhammad Altaf left his Yamaha motor-cycle No. 2003/S. G. in the verandah of his dera situated in the area of Mauza Rathana and himself went to sleep. When he got up in the morning he found his motor-cycle missing. He made efforts, but no clue of the motor-cycle gas found. As a last resort on the same day…