Law: Penal Code (XLV of 1860)

Section: 392, 390 & 378

(a) Penal Code (XLV of 1860)------   ----Ss. 392, 390 & 378-Accused by force snatching away mare temporarily from its owner in order to obstruct him in lodging report of an offence of murder at police station-Guilty under S. 392-Sentence of 5 years' R. I. in circumstances of case, however, reduced to 2 years' R. I   Abdul Shah v. Afsaruddin Mollah P L D 1960 Dacca 64 ; Dayal and others v. Emperor A I R 1943 Oudh 380 ; Jagannath Misra v. Emperor A I R 1929 Pat. 429 ; Gulistan and others v. The State P L D 1963 Pesh. 6 and Queen-Empress v. Sri Churn Chungi I L R 22 Cal. 1017 ref.   (b) Penal Code (XLV of 1860)-----   ----Ss. 378 & 392-Taking of property even for a time for temporary purpose-Theft.   Queen-Empress v. Sri Churn Chungi I L R 22 Cal. 1017 rel. JUDGMENT   This is an appeal by Saidu who has been sentenced to five years' rigorous imprisonment under section 392 of the Pakistan Penal Code. Manzuri Kamir and Shahnu were also tried along with him, but were acquitted.   The facts of the case are that on the 23rd of September 1961, at about digarwela, Bashir, brother of Kamir (P. W. 2), was murdered in village Daffar Khokharan. Kamir (P. W. 2), left for the Police Station in the company of Anwar and Sada P. Ws., to make a report of the occurrence. Kamir was riding a mare. When they reached near a culvert, over a rajbah, in the vicinity of Daffar Khokhar, four persons emerged and caught hold of the reins of the mare. They were Saidu, Manzuri, Kamir and Shahnu. Anwar and Saidu were 3 or 4 Karams behind Kamir. It was a moonlit night. All the four accused gave fist blows to Kamir and brought him down. They took the mare away forcibly. This incident was witnessed by Anwar (P. W. 3) and Sada (P. W. 4). Kamir had, therefore, to go on foot to the Police Station Warburton, where he reached at about 9-15 a.m. and made the report Exh. P. K., which has been exhibited in connected case. The report was recorded by Muhammad Sharif, A. S. I. (P. W. 6). Malik Asghar Ali, S. H. O. (P. W. 7), arrested Saidu appellant on the 24th of September 1962, and on interrogation he led the Sub-Inspector to his haveli and caused the…