Law:

Section:

Penal Code (XLV of 1860)-------Ss. 409, 420, 468, 471 & 109---Prevention of Corruption Act (II of 1947), S.5(2)---Cooperative Societies A& (VII of 1925), Ss.17-A, 43, 44, 44-A, 44-B, 50-A, 55 & 70-A---Appreciation of evidence---Trial Court while passing the impugned had violated certain provisions of Cooperative Societies Act, 1925, inasmuch as on the death of the co-accused during the trial who was the Chairman and main functionary of the Society, accused ought to have been acquitted but they were convicted---Case against the accused pertained to the year 1981 and they were convicted and sentenced in the year 1991---Since then the accused were involved in the .appeals uptil now and all this period was more than 22 years---Accused were acquitted in circumstances. Khanzada Hidayat Ali (Khan v. Mazhar Ali Khan and others 1985 PCr.LJ 2871; Muzaffar Ali Shah and others v. Registrar, Cooperative Societies and another PLD 1968 Kar. 422; Pir Illahi Bux Cooperative Housing Society Ltd.. v. K.B. Sanaullah and others PLD 1968 Kar. 680 and Quetta Cooperative Store Ltd. v. Province of Balochistan and 2 others PLD 1979 Quetta 60 ref. JUDGMENT By this consolidated judgment I intend to dispose of the above referred appeals which have been arisen out of common judgment passed by learned Special Judge, Anti-Corruption, Sukkur. The appellants through these appeals have challenged the judgment, dated, 29-6-1991 passed by the learned Special Judge, Anti-Corruption, Sukkur in Special Case No.2 of 1981 whereby he convicted each of appellants for offence under sections 409, 420, 468, 471, 109, P.P.C. read with section 5(2) of Act (11 of 1947) and sentenced them to suffer R.I. for two months and fine of Rs.20,000 each. In default each of the appellants were directed to undergo R.I. for six months more, whereas co-accused Allah Warayo alias Haji Allah Warrayo and Haji Samano were acquitted by the learned trial Court. The case of the prosecution as unfolded is that accused Abdul Sattar Shah in capacity as Chairman, accused Ghulam Hyder as Vice-­Chairman and other private accused as Directors formed a Cooperative Society known as Sattar Multipurpose Cooperative Society…

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