KAMAL vs The 'STATE — 1972 PCRLJ 26

Citation: 1972 PCRLJ 26

Court: Sindh High Court

Year: 1971

Decision Date: 1971-04-08

Parties: KAMAL vs The 'STATE

Headnotes

Case cited as 1972 PCRLJ 26

Judgment Text

Court Name: Sindh High Court Judge(s): Ghulam Rasool K. Shaikh Title: KAMAL vs The 'STATE Case No.: Criminal Revision Application No. 5 of 1969 Date of Judgment:1971-04-08 Reported As: 1972 P Cr. L J 26 Result: Petition accepted JUDGMENT JUDGMENT The applicant was convicted by the Resident Magistrate, Moro, for an offence under sections 457 and 380, P. P. C. and sen tenced to undergo R. 1. for 12 months and pay a fine of Rs. 300 or in default to undergo R.I. for 3 months under each count, ordering the sentences to run concurrently. Against this conviction an appeal was filed and the learned Sessions Judge, Nawabshah altered the conviction to one under section 411, P. P. C. and sentenced the applicant to undergo R. I. for 6 months and pay a fine of Rs. 50 or in default to undergo R. I. for 15 days. On 22-6-67 Abdul Aziz lodged a first report that about 6 months ago he had gone to irrigate his land leaving behind his brother Hidayat Ullah in the house. In the early morning his brother called him and informed him that theft had been committed in the house. He went to the house and found the lock of the room broken and household articles stolen. He reported the matter to his nekmard Haji Ditto who advised him to make private inquiries. Subsequently he was informed by Suleman Karimbux and Ashiqali that the applicant bad confessed before them that he had committed the theft and had demanded bhung for the restoration of the stolen property. The comp lainant agreed to pay the…

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