1987 P Cr (PLP)

Altaf Muhammad Khan for the State. Date of hearing: 20th,April, 1987. Amir Ali, Bakhsha, Shamma and Ishaq petitioners herein, have filed this revision challenging their conviction under section 411, P.P.C. recorded by Magistrate 1st Class, Jaranwala, vide his judgment, dated 24‑ 8‑ 1972, sentencing them to two years' R.I., each, maintained in appeal by Sessions Judge, Lyallpur, vide his judgment, dated 23‑8‑1973.

2. According to prosecution, on the night between 18/19‑1‑1972, S.I. Fazal Muhammad (P.W.6) had effected Nakabandi on the Lyallpur Road in the vicinity of Chak No. 76/GB. At that time Muhammad Ishaq (P.W.1) and Abdul Aziz (P.W. 2) were also with him. In the early hours of morning the aforesaid four petitioners are stated to have passed near the Nakabandi party with a stolen buffalo and an ox. They were checked up who could not satisfactorily account for their possession of the said animals. These animals were, therefore, secured under memo. Exh. PA which were subsequently identified by Muhammad Sadiq (P.W.3) who had already lodged a report regarding theft of these animals at Police Station Satiana on 11‑1‑1972. After due investigation the petitioners were challaned to Court.

3. At the trial prosecution examined six witnesses in all. Important among them are the recovery witnesses, namely, Muhammad Ishaq (P.W.1) and Abdul Aziz (P.W.2) besides S.I. Fazal Muhammad (P.W.6). They stated about the factum of recovery of said stolen animals from the possession of the petitioners The petitioners in their statements under section 342, Cr.P.C., denied the allegation and did not claim the property. They examined two witnesses in their defence, namely, Abdul Khaliq (D.W.1) and Abdul Hameed (D.W.2). Abdul Khaliq (D.W.1) proved Exh. D.A. an extract from his register showing that Amir Ali, petitioner, had made an application against Muhammad Sadiq complainant on 13‑1‑1972 that the latter was bent upon involving him in some false case. Abdul Hameed (D.W.2), an employee of Post Office, stated that on 13‑1‑1972 he had despatched 132 registered letters while working at Post Office District Courts, Lyallpur.

4. Learned trial Court tin consideration of the material on record found the petitioners guilty under section, 411, P.P.C. and sentenced them, as indicated above. Learned Sessions Judge dismissed their appeal maintaining conviction and sentence, hence this revision.

5. I have heard learned counsel for the petitioners as well as for the State and also perused the record with their assistance.

6. It may be at once stated that the stolen animals alleged to have been recovered from the petitioners were not produced or shown to the recovery witnesses at the time of recording their evidence before the trials Court. Obviously, therefore, the identity of the stolen property said to have been recovered from the petitioners has not been fixed. It is not, therefore, established that the animals recovered from the petitioners were stolen property. This lacuna cuts at the very roots of the prosecution case. I, therefore, find that prosecution has failed to bring home successfully the charge under section 411, P.P.C. to the petitioners. Consequently, I allow this petition, set aside their conviction and sentence and acquit them. They are on bail. They are discharged of their bail‑bonds. S.G.D./A‑71/L Revision allowed.