Law:

Section:

Keywords: Investigation, Union Council, Recovery, Delay, Place, Material Facts, F.I.R, Leave, Stolen Property, Conviction, Recording, Defence, Guilty, Consideration, Prima Facie, Possession, Examination, Plea, Orders, Prosecution, Evidence, Set Aside, Property, Reduction, Order, Offences, Chairman Result: Order accordingly JUDGMENT The appellants were tried with Arbab son of Talib and Yousif son of Yamin under section 395 read with section 412, P. P. C. for committing a dacoity on 2nd December 1965 in village Parno Taluka Chhachro. Two army Persons Naik Abdul Aziz and Sepoy Ghulzar Hussain Shah who took part in the occurrence with the appellants and the said Aziz and Ghulzar have been tried by Court Martial and convicted. By his Judgment dated the 4th October 1957 the learned Sessions Judge, Tharparkar at Mirpurkhas has convicted the first appellant under section 394, P. P. C. and sentenced him to four years' R. I. and he has convicted the second appellant under section 411, P. P. C. and convicted him to six months' R. I. He has also convicted the said Arbab and Yousif under section 411, P. P. C. and sentenced them to a fire of Rs. 200 each or in default to two mouths' R. I. Arbab and Yousif have not filed any appeal against their conviction and sentence, but Ali Muhammad and Alim have filed an appeal against their conviction and sentence, which has now come up for hearing before me. 2. According to the prosecution, the material facts are as follows. On 2nd December 1965 four men came in a military jeep to village Vehari. The four persons included the appellants and Naik Abdul Aziz and Sepoy Ghulzar who have been convicted by a military Court. P. W. Khairo saw them, and the military persons called him and told him to get meals for them. Meanwhile the said Arbab and Yousif came on camels and the military persons ordered them to dismount and hand over the camels, as their jeep had broken down and they had to reach Parno village, P. W. Khairo then went to P. W. Sakhi, a B. D. member and got the meals ordered by the military persons. Then Naik Abdul Aziz and Sepoy Ghulzar Hussain Shah went away with the first appellant and Arbab and Yousif to village Parno. Naik…

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