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Petitioner: MUHAMMAD MUSHTAQ VS Respondent: THE STATE
1987 M L D 2299
1987 M L D 2299
[Lahore]
Before Rustam S. Sidhwa, J
MUHAMMAD MUSHTAQ--Petitioner
versus
THE STATE--Respondent
Criminal Revision No.803 of 1971, heard on 22nd June, 1985.
(a) Penal Code (XLV of 1860)--
---Ss.457 & 380--Evidence conclusively proving case of theft against accused--Recovery of stolen property proved by evidence of prosecution witnesses--Accused also implicated by co-accused- Conviction of accused maintained.
(b) Penal Code (XLV of 1860)--
---S.457/380--Criminal Procedure Code (V of 1898), S.439--Sentence- Revision petition against conviction and sentence of accused coming up for hearing almost after fourteen years and accused undergone agony of protracted trial and fear of apprehended dismissal of petition which was sufficient punishment--Sentence of accused reduced to that already undergone.
Iqbal Ahmad Qureshi for Petitioner. S.D. Qureshi for A.-G. for the State.
Date of hearing: 22nd June, 1985.
JUDGMENT
This is a revision petition filed by Muhammad Mushtaq, petitioner, against the judgment of an Additional Sessions Judge of Sheikhupura dated 26-7-1971 dismissing his appeal. Earlier, a First Class Magistrate of. Sheikhupura, by his judgment dated 30-10-1970, had convicted the petitioner under sections 457 and 380, P.P.C. and sentenced him to three months' rigorous imprisonment on each count.
2. I have heard the arguments of the learned counsel for the petitioner and the State and have gone through the record. The, evidence of Masih Elahi P.W.1 conclusively proves the theft of certain cartons of "K-2", "Embassy" and "Telegraph and Lamp" brand cigarettes from his shop near the Railway Gate, Sangla Hill, during the night between 23/24-7-1970. Muhammad Arif P.W.3, a cigarette shopkeeper, conclusively proves that Mohammad Mushtaq, petitioner, came to sell certain cartons of K-2 cigarettes at his shop on 24-7-1970 and since he had been informed earlier of the theft, he immediately informed the police of the identity of the petitioner. The arrest of the petitioner is proved by Riaz Hussain A.S.I. P.W.7 and the recovery' of the stolen cigarettes cartons at the instance of the petitioner is proved by Muhammad Ashraf P.W.4 and Muhammad Riaz Hussain A.S.I. P.W.7. The petitioner was also implicated by his co-accused Mo;,4mmad Rafiq in his statement under section 342, Cr.P.C. In these circumstances, it appears that Muhammad Mushtaq, petitioner, was rightly convicted under sections 457 and 380, P.P.C. This petition which was admitted in 1971, has now come up for hearing after almost fourteen years: The petitioner has undergone the agony of a protracted trial. He has also undergone the agony arising out of the delay in the disposal of this petition and the fear arising out of its apprehended dismissal, which is sufficient punishment. Taking all these circumstances into consideration, I would reduce the sentence of the petitioner to that already undergone.
3. For the foregoing reasons, whilst maintaining the conviction of Mohammad Mushtaq, petitioner, under sections 457 and 380, P.P.C. I would reduce his sentence to that already undergone. The petitioner is on bail. His bail bond shall stand discharged.
M.Y.H./M-344/L Petition partly allowed.