AZIM AND Another vs THE STATE Case No — 1970 PCRLJ 1039

Citation: 1970 PCRLJ 1039

Court: Sindh High Court

Year: 1969

Decision Date: 1969-11-28

Parties: AZIM AND Another vs THE STATE

Headnotes

1039 Result: Appeal accepted JUDGMENT 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.

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Haleem Title: AZIM AND Another vs THE STATE Case No.: Criminal Appeal No. 106 of 1968 Date of Judgment:1969-11-28 Reported As: 1970 P Cr. L. J 1039 Result: Appeal accepted JUDGMENT 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…

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