Law: Penal Code (XLV of 1860)

Section:

  Appeal (criminal)-Two appeals heard together-Each appellant entitled to consideration of case separately and indivi dually.   Penal Code (XLV of 1860), S. 411 read with S. 75 --Accused sentenced to 3 years' R. I.-3 years' R. 1. maximum punish ment provided under S. 411 itself-Sentence, held, not enough in circumstances of case-Notice issued to accused to show cause why sentence be not enhanced.   Criminal Procedure Code (V of 1898), S. 239 (f )-Stolen property subject-matter of one theft found from possession of two accused though at different times and in different places-Joint trial, held, legal.   Saidoo and another v. The Crown (1950) 51 Cr. L J 550 and Waryam s/o Kabir and another v. The Crown (1950) 51Cr. L J 1559 rel. JUDGMENT   The appellants were tried jointly for an offence under section 411, P. P. C. by the learned Additional Sessions Judge, Nawabshah (Mr. A. G. Muhammadally). Both. were found guilty and appellant Esso was convicted to suffer . I. for one year. Appellant Gulsher was also convicted under section 75, P. P. C. and sentenced to suffer R. I. for 3 years under sections 411/75, P. P. C. Both have appealed, separately.   Complainant P. W. 1 Muhammad Said was entrusted with a transistor radio for repairs by Gangadas of Dehriki in Sukkur District in the beginning of August 1961. Muhammad Said came to Karachi and purchased certain necessary part for the purpose. He boarded Khaiber Mail from Karachi on the night between 10th and 11th August 1961. He kept the attache case containing these articles, two pants and other property near him in the Inter Class compartment and slept away. He woke up after the train had left Padidan and found his attacheh case missing. Khairpur was the next stop and he informed the railway police who advised a report at Rohri. Rohri Police directed him to file his report at Padidan. He came to Padidan and lodged his F. I. R. Exh. 3 on 11-8-61 at 8-5 a.m. mentioning therein the stolen articles. The two appellants were subsequently arrested and stolen property recovered from them. They were convicted as mentioned above.   Each appellant is entitled to the consideration of his…