MITHO AND Another vs THE STATE — 1970 PCRLJ 34

Citation: 1970 PCRLJ 34

Court: Sindh High Court

Year: 1969

Decision Date: 1969-07-16

Parties: MITHO AND Another vs THE STATE

Headnotes

Case cited as 1970 PCRLJ 34

Judgment Text

Court Name: Sindh High Court Judge(s): Ghulam Rasool K. Shaikh Title: MITHO AND Another vs THE STATE Case No.: Criminal Appeal No. 88 of 1968 Date of Judgment:1969-07-16 Reported As: 1970 P Cr. L J 34 Result: N/A JUDGMENT JUDGMENT This is an appeal against the judgment of City and section 30 Magistrate convicting the appellants under section 395 read with section 397, P. P. C. And sentencing them to undergo R. I. For seven years and to pay a fine of Rs. 2,000 or in default to undergo further R. I. For 18 months. Qasim Ali Shah is a resident of Machi Bundo in Jacobabad District and owns a tractor, with a trailor. Mohammad Ismail complainant was driver of the tractor. On 10-6-1966 Qasim Ali Shah asked the complainant to carry some wheat chaff and bags of onions on the trailor of tractor to Shikarpur, and also paid him Rs. 500 for purchasing diesel oil. Ali Khan, Din Mohammad, Ghulam Kadir and Wazir accompanied the complainant for unloading the bags of onions. They left at 10-00 p. m. Along the Kandkot Road towards Shikarpur. When they reached near Gohar Shakh situated in Taluka Shikarpur, a jeep bearing No. QA 7586 came from behind and overtook the tractor. It stopped on the road blocking the way and therefore the tractor had to be stopped. Six persons armed with guns came out from the jeep and at first they demanded petrol. But when they were told that the tractor was running on diesel, one of those persons fired in the air directing the complainant to put out the lights of…

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