Law:

Section:

Keywords: Appearance, Prosecution, Examination, Call, Failure, Trial Court, Procedure, Defence, Set Aside, Conviction, Office, Theft, Exchange, Legality, Evidence, Imprisonment, Order, Fees, Possession, Retrial, Fine, Cross-Examination Result: Appeal accepted JUDGMENT Appellants Azim (35) and Chakar (35) have filed this appeal through their counsel. Appellants Amir Bux (25) and Samano (35) have separately preferred their appeals from jail. These appellants were tried for committing dacoity in the house of Muhammad Yaqub by the learned Additional Sessions Judge, Jacobabad, and convicted (a) under section 395 read ' with section 397, P. P. C. And each of them was sentenced to 1G years' rigorous imprisonment and a fine of Rs. 1,000 each and in default to undergo rigorous imprisonment for one year, (b) under section 458, read with section 149, P. P. C. And each of them was sentenced to 10 years' rigorous imprisonment. Appellant Azim was further convicted under section 13 (d) of the Arms Act for being in possession of an unlicensed pistol and sentenced to two years' rigorous imprisonment. All the sentences except the sen tence of fine were ordered to run concurrently. In their appeals, they have challenged their conviction and the sentence on the above charges. 2. A theft was committed in the house of Mohammad Yaqub in the early hours of the morning of 23rd April 1966. It was detected by Khan Muhammad his uncle when he got up at that time to answer the call of nature. He discovered that there was a big hole made on the backside of the wall and one of the windows of the room had been taken out from its position. He then awakened Muhammad Yaqub who discovered that an iron box was missing. This box contained articles worth about Rs. 493. They then tracked the prints up to a distance of about 7 or 8 miles and ultimately spotted the appellants and one Khaliqo, an absconder. There was an exchange of fire and the appellants who had received gunshot injuries were apprehended. A bundle containing house-hold articles including a golden ring and a thermos was secured from them. One pistol was seized from the possession of appellant Azim. One empty cartridge and two misfired…

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