Law:

Section:

Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979)--S. 17(4)---Penal Code (XLV of 1860), S. 34---Special Courts for Speedy Trials Act (IX of 1992), S. 13(5)---Appeals against acquittal---Eye-witnesses who at the trial gave the ocular account of the occurrence were not named in the F.I.R. and their version was at variance with the earliest account of the occurrence as given by the first informer to the police---Eye-witnesses in view of their conduct could not have been able to identify the persons responsible for killing of the deceased and robbing him of his bag---Prosecution case with regard to the place and the manners of arrest of the accused was doubtful--­Appeals against acquittal of the accused on the charge of committing "harabah" were dismissed in circumstances. JUDGMENT JUSTICE SAAD SAOOD JAN, CHAIRMAN.---Muhammad Rafiq, appellant, and Ali Muhammad, respondent, were tried by the Special Court for Speedy Trial for the offence of haraba, punishable under Article 17(4), Offences Against Property (Enforcement of Hudood) Ordinance, 1979, read with section 34, Pakistan Penal Code, on the allegations that while robbing Illam Din, deceased, one of them, namely, the appellant, shot at and killed him. The learned Court acquitted the respondent but convicted the appellant of the lesser offence under section 411, Pakistan Penal Code, and sentenced him to undergo rigorous imprisonment for a period of three years. The appellant has filed this appeal against his conviction and sentence. The State has preferred two separate appeals, calling in question the acquittal of the appellant and the respondent on the charge of haraba. 2. The deceased was a transporter by profession and also had a shop in the KDA building near Mauripur truck stand where he sold lubricants as an agent of the Caltex Company. On 5-12-1992 he closed his shop early on account of electricity break-down in the area. The time then was 7-30 p.m. His son, Shakoor Alam (P.W.1) was with him. After locking the shop they started for their house. The deceased was carrying a bag containing some papers and a sum of Rs.1,500. Suddenly, a young Baloach Makarani appeared. He snatched the bag…

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