Law:

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Keywords: Recording, Cross-Examination, Evidence, Proceedings, Defence, Modification, Conviction, Prosecution, Petitioner, Testimony, Custody, Consideration, Trial Court, Theft, Examination, Information Result: Petition dismissed JUDGMENT The petitioner Mohammad son of Dodo aged 35 years was convicted by the learned Civil Judge and F. C. M., Math under section 379, P. P. C., for committing theft of a pair of bullocks valued at Rs. 1,800.00 belonging to complainant Dullu. The petitioner preferred an appeal which was dismissed by the learned Second Additional Sessions Judge, Hyderabad, who by his judg ment dated 6-5-1969, maintained the said conviction and sentence. He has now come in revision against the said conviction and sentence. 2. The prosecution case in brief was that on 11th Febru ary 1966 at about mid-night one Khairo, who has not been examined in this case went to P. Ws. Dullo, Maula Bux and Bachayo and informed them that a pair of bullocks belonging to Dullo was being taken away by some thieves. On getting this information the said P. Ws. chased the thief and caught him at a distance of four acres from the house of the complainant. In the process the thief was given some lathi blows and he was disarmed of his hatchet and was brought to the house of the complainant where he was tied and produced before the police on their arrival at the scene of offence the next morning. In the meantime P. W. Dullo had gone to the police station Tando Ghulam Ali situated at a distance of 3 miles and lodged his First Information Report in the course of the same night at 1 a.m. S. H. O. Abdullah after recording the First Information Report went to the scene of occurrence and found the petitioner sitting tied down there. P. Ws. Moula Bux and others were standing over him. P. W. Abdullah interrogated the accused and arrested him. Thereafter, he recorded the statement of the witnesses and prepared a mashirnama of the vardat. Two stolen bullocks which were recovered by the complainant party were also produced before the S. H. O. under mashirnama Exh. 5/B. The petitioner was thereafter challaned on the 16th of February 1966. 3. Dr. Mohammad Azeem, A. M. O. Tando Mohammad Khan…

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