State SADU AND 4 Others vs The STATE — 1972 PCRLJ 10

Citation: 1972 PCRLJ 10

Court: Lahore High Court

Year: 1971

Decision Date: 1971-04-29

Parties: State SADU AND 4 Others vs The STATE

Headnotes

Case cited as 1972 PCRLJ 10

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Munir Farooqi Title: State SADU AND 4 Others vs The STATE Case No.: Criminal Revision No. 777 of 1970 Date of Judgment:1971-04-29 Reported As: 1972 P Cr. L J 10 Result: Petition accepted JUDGMENT JUDGMENT Sadu and Majid petitioners were convicted under section 458/ 395, P. P. C. and sentenced to rigorous imprisonment for four years each on each count to run concurrently with each other, while Jaffar, Ghausi and Fazal petitioners were convicted under section 412, P. P. C. only and sentenced to rigorous imprisonment for two years each. On the failure of their appeal before the learned Sessions Judge, Lyallpur, who only converted the con viction of the latter three to that under section 411, P. P. C. they have approached this Court with a petition under section 439, Cr. P, C. to question the correctness of these orders. 2. The prosecution case in brief is that on the night between 5/6th February 1964, some unidentified persons armed with pistols, guns, lathis and chandalas ransacked the different rooms of the house occupied by Amir Din and Qutab Din P. Ws. at pistol point and decamped with their jewellery, clothes and cash. The alarm so raised attracted Mian Khan, Shamoon, Boohria and others, but as the dacoits were armed with different firearms no one mustered courage to give them a chase. After sunrise six foot-prints of different persons were found around the place of occurrence which were secured for examination by the…

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