Law:

Section:

Keywords: Provisions, Prosecution Witness, Committing Robbery, Land, Theft, Exchange, Investigation, Determination, Information, Imprisonment, Order, Guilty, Testimony, Examination, Property, Consideration, Procedure, Prosecution, Grazing, Conviction, Vitiate, Place, Fine, Defence, Possession, Parties, Evidence, Punishment, Money, Wrongful Restraint, Merits Of The Case, Prejudice, Proceedings, Modification, Grievous Hurt Result: Order accordingly JUDGMENT This is an appeal against the judgment of learned Additional Sessions Judge, Jacobabad convicting the appellant for an offence ` under section 394 read with section 397, P. P. C. And sentenc ing him to undergo R. I. For 7 years and to pay a fine of Rs. 1,000 or in default to undergo R. I. For one year and further convict ing him for an offence under section 19-E (now section 13(d), Arms Act) and sentencing him to undergo R. I. For one year ordering the sentences of imprisonment to run concurrently. 2. The complainant Mehar and injured Kehar are brothers. At the time of this incident they, lived near Chatanpati for the purposes of grazing cattle and cultivating land. Thagman, Behram and Sohbat as well as Abdur Rahman and Dhani Bux also lived there in the houses close to the house of the com plainant and his brother. On the night of incident, that is, the night between 14 and 15 August 1963, the complainant had gone to Nasir Muhammad Jakhrani in Khandoo village while Kehar was in the house. At about mid-night Kehar woke up on the noise and found four thieves driving away his bullocks. One of them was armed with a gun. Kehar challenged the thieves and approached the thief who was armed with a gun and the thief fired at Kehar which hit him on the right leg. Kehar raised alarm which brought Sohbat Behram, Abdur. Rahman and Dhani Bux. Kehar grappled with, the thief who had fired the gun-shot and on the arrival of the witnesses he was captured while the remaining three thieves ran away leav ing behind the bullocks. During this struggle the thief was also, given injuries. He was the present appellant and was not, known to the witnesses. He disclosed his name as Menglo Jakhrani. The gun was seized from him. Kehar and…

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