Law: Penal Code (XLV of 1860)

Section: 392

Penal Code (XLV of 1860)---   ----S. 392---Appreciation of evidence---Reduction in amount of fine--¬Accused had not challenged their conviction, but had requested for reduction in amount of fine---Prosecution having proved its case against the accused beyond any doubt, conviction and sentence of imprisonment awarded to accused by Trial Court, were maintained---Accused had suffered a long time in Jail---Motorcycle allegedly robbed by the accused had already been recovered and delivered to the complainant and accused did not cause any injury to the complainant at the time of robbery---Amount of fine awarded to the accused by the Trial Court, was reduced from Rs.10,000 to Rs.1,000 each.   Aqeel Ahmad Chughtai for Appellants.   Azmat Ali Khan Tagga for the State.   Date of hearing: 29th March, 2002. JUDGMENT Fida Hussain son of Sultan and Zulfiqar Ali son of Allah Bakhsh, appellants, were tried in case F.I.R. No.304 of 2000 Exh.P.C./1, registered at Police Station Kot Mubarak, on 20-8-2000, for an offence under section 392, P.P.C. for having committed robbery of motorcycle alongwith cash and other articles. 2. Abdul Sattar P.W.3 reported the incident to Muhammad Irshad Shah, S.-I., on 20-8-2000 at about 4-30 p.m., when he was present at Bukhari Chowk on patrol duty, who reported the complaint Exh.P.C. The same was sent to Fayyaz Hussain P.W.4, Head Constable, Muharrer who registered the afore referred F.I.R. Exh.P.C./1 at 4-55 p.m. 3. It was stated in the F.I.R. that on 18-8-2000 at about 8-00 p.m. the complainant was on his way back to his house driving his motorcycle Honda CD-70 Model 1996 Registered No.4253/DGG and when he reached near Adda Aliwala situated near Bukhari Chowk he was stopped by two persons, who were also riding on a Motorcycle CD-70. These two persons were identified by the complainant as Fida Hussain and Zulfiqar Ali, appellants. It is further stated that at the time of occurrence -Fide Hussain was armed with a pistol and Zulfiqar Ali was armed with a kalashnikov. After stopping Abdul Sattar complainant, Zulfiqar Ali pointed his kalashnikov towards complainant and the other accused snatched the key of the motorcycle belonging…

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