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Penal Code (XL v of 1860)-------- S. 396-Case against accused resting on recovery at his instance-Recovery memo showing eight items of clothes but no evidence to show that those were same as identified in Court as exhibit-Benefit of doubt given to accused. Nazir Ahmad Khan, Senior Advocate Supreme Court (Aftab Hussain, Advocate Supreme Court with him) instructed by M. Siddiq, Attorney for Appellants. S. A. Mahmud, Advocate Supreme Court instructed by Ijaz Ali, Attorney for the State. Date of hearing : 20th March 1958. JUDGMENT MUHAMMAD SHARIF, J.-This. is an appeal under Article 159(a) of the Constitution against the judgment and order of the High Court of West Pakistan, Lahore, dated the 13th June 1957 setting aside on appeal by the State the order of acquittal of the appellants by the trial Court and convicting them of an offence under section 396, Pakistan Penal Code, and sentencing each of them to transportation for life. Shortly after sunsent on 16th of April 1954, in Chak No. 56/KB. a daring dacoity was committed in the house of Muhammad Bakhsh Lambardar. He himself was not present at the time, but his brother Hakim (P. W. 12) was in his residential quarter ; both the brothers were living in one enclosure. Three of the dacoits carried firearms ;one took his stand on the roof of the kotha, the other remained in the courtyard and the third stood guard in the Gali to the West. Some shots were fired in the air presumably to terrify the villagers and to keep them away. On hearing the reports of the gunshots Muhammad Bakhsh, who happened to be with the patwari of the village in the company­ of some other villagers, rushed towards his house. They kept watching while the dacoits ransacked the houses and took away considerable property consisting of clothes and ornaments. As. the dacoits emerged with their booty a large number of persons, who had collected by then, followed them. The dacoits ran towards Chak No. 5 1 . Word was sent in advance to the people of that Chak to be vigilant and to be ready with their firearms to capture the dacoits. The residents of Chak No. 51 and those of Chak No. 56/K. B. continued the chase. On more occasions than one some of the…

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