Law:

Section:

(a) Criminal Procedure Code (V of 1898)----------S. 162-List of stolen property given to police however early in course of investigation-Held, inadmissible. A report relating to the dacoity had been made at the police station and the police had come to the village for the purpose of investigation and it was in the course of that investigation, howsoever early it might have been, that the list was delivered to the police Held, that the list should be excluded from consideration. (b) Penal Code (XLV of 1860)---- ----S. 379--Recovery of stolen property not necessary to prove theft. The recovery of stolen property is not necessary to prove theft. (c) Criminal trial----- ----Identification parade-Memorandum of, prepared by Magistrate-Only of corroborative value-Cannot form basis of conviction. Memorandum of identification parade prepared by a Magistrate is not the evidence on which conviction can be based. It is only a previous statement made by the witnesses which can be used to corroborate them. JUDGMENT A. MUHAMMAD JAN, J.-Nur Muhammad, Nek Mu­hammad, Yaqub, Sarishta and Ahmad Din were accused of having committed dacoity in Chak No. 29-D, District Mont­gomery, on 20th October 1949. They were convicted and sentenced to seven years' rigorous imprisonment each. Nur Muhammad, Nek Muhammad and Yaqub have filed appeal No. 289 of 1951 through Mr. Allah Din Malik. Sarishta and Ahmad Din have filed a separate appeal No. 310 of 1951 through Mr. Muhammad Amin Khan. Both the appeals will be disposed of by this order. The prosecution case is that about two years before the present occurrence, one, Zulfiqar, brother of Bali (absconder), had a fight with Shaman (P. W. 2) which resulted in Zulfiqar's death. Shaman, his cousin Rahrnan and some others were tried for causing Zulfiqar's death but acquitted. On 20th October 1949, Havildar Muhammad Ismail (P. W. 13) was holding a Razakar parade in Chak No. 29-D. Shaman and many others, including some of the prosecution witnesses, were taking part in it. At about Digarwela they saw eight persons coming on four mates, two riding each mare. Five of these eight, namely, Sarishta and Ahmad Din appellants, Bali, Karam Ali and Lalu…

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