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Citation: 1975 PCRLJ 252
Court: Lahore High Court
Year: 1971
Decision Date: 1971-12-20
Parties: NUR MUHAMMAD Alias NURA vs THE STATE---
Case cited as 1975 PCRLJ 252
Court Name: Lahore High Court Judge(s): Muhammad Afzal Zullah Title: NUR MUHAMMAD Alias NURA vs THE STATE--- Case No.: Criminal Appeal No. 634 of 1969 Date of Judgment:1971-12-20 Reported As: 1975 P Cr. L J 252 Result: Appeal allowed JUDGMENT JUDGMENT Noor Muhammad alias Noora, aged 30 years, has been convicted by a learned Magistrate Section 30, Multan under section 41:1 read with section 75, P. P. C., and sentenced to seven years' R.I., vide his judgment dated 19-5-1:969. The appellant has challenged his conviction and sentence by this appeal. The prosecution case is that in the early hours of morning of 19th December 1968, when Abdul Majid, A. S. I. (P. W. 8) in the company of two Foot Constables and Ataullah Shah (P. W. 2) and Shera (P. W. 3) was present on a nakabandi near Mour Mithru in Police Station Mithru, District Multan, the appellant came on the back of a camel and of the asking of the A. S. I. Disclosed that he had stolen that camel from the house of one Amir of Chak No. 92/W. B. (P. W. 1). He was apprehended at the spot. The camel was taken into possession vide memo. (Exh. P. A.) and a report (Exh. P. A.) drafted at 3-15 a.m., was sent to Police Station Mithru, which is at a distance of six miles from the place. Of naka bandi where a case was registered at 4-15 a.m., vide formal F. I. R. (Exh. PC/1. In the challan report submitted under section 173, Cr. P. C., it is also mentioned that from the personal search of the appellant, two live cartridges were…
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