Law: Pakistan Penal Code (XLV of 1860)

Section: 406

Keywords: Money, Evidence, Prosecution, Payment, Procedure, Petitioner, Defence, Dispute, Survey, Distribution, Land, Receipt, Plea, Retrial, Commencement, Order, Magistrate, PetitionResult: Petition acceptedJUDGMENT This revision petition is directed against the, judgment dated the 26th of April 1965, passed by the Civil Judge and First Class Magistrate, Rohri acquitting the respondent Ali Sher son of Haji Virand for an offence under section 406, P. P. G. The facts briefly stated are these; 2. The petitioner Muhammad Yaqub is 'Kamdar' of Shall Muhammad Qureshi, a Zamindar under Whom respondent Ali Sher was a hari in respect of Survey No. 151 of Deh Bai-ji-Nai, Taluka Pano Akil, District Sukkur. Before the commencement of cultivation, Ali Sher was given five maunds of wheat for the purposes of seed and he utilized the same accordingly. After the harvest was ready, Shafi Muhammad Went, on 1st of July 1964, for the 'Batai', On distribution, the share of the Zamindar in the cultivation came to nine maunds, and Shafi Muhammad was also entitled to the return of five maunds given to the hari as seed. Shafi Muhammad put to the total quantity of fourteen maunds of wheat in five bags and kept them in trust with Ali Sher for want of transportation. 3. The petitioner Muhammad Yaqub, 'Kamdar' thereafter went to collect the bags from the respondent on the 4th day, but it is alleged that the respondent told him that he had sold the wheat as he was in need of money, and that h.- would pay the amount as soon as possible. He requested the 'Kamdar' not to inform the Zamindar about this. Thereafter, Muhammad Yakub went several times but the respondent avoided to make the payment on one pretext or the other. Muhammad Yakub reported the matter to his Zamindar Shafi Muhammad, who told him that he was going to Karachi and he would look into the matter after his return. It is alleged that on the 19th of July 1964, on return from Karachi, Shafi Muhammad along with his 'Kamdar' and other persons went to the respondent and demanded the wheat but the respondent refused to return it. Shafi Muhammad then directed his 'Kamdar' to lodge a complaint in Court which he accordingly…