Law:

Section:

Keywords: Evidence, Guilty, Office, Cross-Examination, Place, Land, Trial Court, Stolen Property, Dispute, Conviction, Maintain, Offences, Grievous Hurt, Possession, Delay, Testimony, Prosecution, Magistrate, Defence, Reduction, Fine, Recovery, Property, Examination Result: Appeal dismissed JUDGMENT This appeal is directed against a judgment delivered by a learacd Additional Sessions Judge, Nawabshah, on 5-e-1976, whereby he has convicted each of the three accused of offences under section 392 and section 394, read with section 397, P. P. C. And has sentenced them on the former count to R. I. For seven years and on the latter count similarly to R.I. For seven years and also to pay a fine of Rs. 500, each or in default to undergo further R. I. For six months. The substantive sentences have been directed to run concurrently. 2. The prosecution case, shortly stated, is that on the night intervening between 31st May and 1st June, 1973, an armed robbery took place in passenger Wagon No. 3565/HD while it was plying on the National Highway between Sukkur and Hyderabad. The said Wagon started for Hyderabad with passengers from Sukkur at about 6,00 p. m. When the Wagon reached Moro, a munshi of the transport company which owns the Wagon, by name Muhammad Khan Korio, and four strangers, got into the Wagon. At about 11-03 p. m. When the Wagon had covered a distance of about three miles from Kazi Ahmed, the four strangers who had boarded the Wagon at Moro asked the driver of the Wagon to stop the Wagon. It was found that one of these persons was armed with a revolver, a second' with a knife, while the remaining two carried dandas. All four of them were clearly seen in the dim light of the Wagon. After the Wagon bad come to a stop, these four persons got down from the Wagon and made the driver and the other inmates of the Wagon to get down and took them into the nearby field where they robbed them of their cash, watches and other belongings. One passenger, by name Muhammad Punhal, was given a dandy blow because be was reluctant to hand over his watch to the robbers. Another passenger of the Wagon, by name Abdul Wahid, had some of his teeth knocked out by the fist blows…

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