1992 P Cr (PLP)

5. The father of Abdur Rehman complainant, P.W.4, on the following morning went to the police station and brought the police in his village Chak No.21/GD where P.W.4, Abdur Rehman, complainant, made his statement Exh.P.C. before Farooq Ahmad S.I./S.H.O., who recorded the same without any addition or omission on his part. Farooq Ahmad S.I. read over and explained the statement, EXh.P.C. to P.W.4, Abdur Rehman, who in token of its correctness signed the same. Farooq Ahmad S.I. sent the statement Exh.P.C. to Police Station Saddar Okara for the formal registration of the case, on the basis of which Ahmad Hassan M.H.C. drafted the formal F.I.R. Exh.P.C./1. He arrested Gaman and Bakhsha appellants, who were produced by Abdur Rehman, complainant. Bakhsha and Gaman appellants were injured, therefore, P.W:6, Qazi Farooq Ahmad, S.I. prepared the injury statement Exh.P.J. of Gaman and Exh.P.K. of Bakhsha appellants. He arrested Gaman and Bakhsha appellants and got them medically examined. On the same day P.W.4, Abdur Rehman, produced before the Investigating Officer one pair of gold Kantey P.1/1‑2 and golden Guluband P.2, which‑he had recovered from the possession of Gaman appellant and Oazi Farooq Ahmad S.I. took the same into possession vide memo. Exh.P.D. On the same day P.W.4, Abdur Rehman, also produced before the Investigating Officer four golden bangles P.3/1‑4, which he had recovered from the possession of Bakhsha appellant. The Investigating Officer took the same into possession vide memo. Exh.P.E. Thereafter, Gazi Farooq Ahmad S.I. inspected the spot, prepared the site plan Exh.P.F. without scale and gave his notes thereon. He also took into possession one broken lock P.6, produced by P.W.4, Abdur Rehman, vide memo. Exh.P.G. He on 18‑10‑1979, arrested Shahadat accused and on the same day he got recovered lady‑suits P.4 and P.5 vide memo. Exh.P.F., which were identified by P.W.4, Abdur Rehman, complainant, as stolen property. P.W.7 Mansib Khan A.S.I. on 25‑10‑1979, arrested Sikandar accused. After the completion of necessary investigation the accused were challaned to tho Court by Asghar Ali S.I./S.H.O.

6. The accused were charge‑sheeted under section 9 of Offences Against Property (Enforcement of Hudood) Ordinance VI of 1979, to which they pleaded not guilty and claimed to be tried.

7. The prosecution in order to prove its case had produced seven witnesses in all. P.W.1, Dr. Mr. Athar, Medical Officer, Civil Hospital, Okara, had deposed that on 15‑10‑1979, he medically examined Ghulam alias Gaman son of Hassan Ali, caste Kharal, resident of Chak No.19/GD, who was produced before him by the police, vide his M.L,.R. Exh.P.A. He, found three injuries on the person of Ghulam alias Gaman, all the injuries were simple and were caused by blunt weapon within the probable duration of 24 hours. On the same day he also medically examined Bakhsha son of Bakhu, caste Kharal, rosident of Chak No.19/GD vide MLR Exh.P.B. and found that the patient was complaining of pain in the palm of his left hand and also pain on his right knee joint but no mark of injury was present. P.W.2 Ayub Baig had deposed that about two months less two years back at about mid‑night time he was sleeping in his fourwalls where, he had tethered his animals. He on the noise of Abdur Rehman and his father Maqbool khan, who were raising alarm thief; thief, came out of his fourwalls and saw two persons, running away. He chased those persons and overpowered two persons at some distance; one was Bakhsha accused and the other was Ghulam alias Gaman accused. He identified Bakhsha accused, therefore, he let him off while the other accused Ghulam alias Gaman was apprehended and was brought to the village and he tied him. P.W.3 Sattar Baig alto deposed that' he on the noise of P.W.4, Abdur Rehman complainant and his father Maqbool, thief, thief, thief, got up and chased the thieves and overpowered Bakhsha and Gaman accused at a distance of four Killas from the village. He further deposed that was other accused ran away, who raised Lalkara to shoot. They let off Bakhsha accused and overpowered Ghulam alias Gaman accused and tied him in the village. P.W.5 Yousaf Baig is another eye‑wit ness of the occurrence. He corroborated the testimony furnished by P.W.2 Ayub Baig and P.W.3 Sattar Baig on all its material aspects. P.W.4 Abdul Rehman complainant deposed that at about mid‑night time about 1‑1/2 years back he was sleeping in his courtyard and an electric bulb was on. He on hearing the noise of breaking open the lock, got up and saw Bakhsha and Gaman accused/appellants while running outside the gate of his house having articles i.e. an attache‑case and bundle of clothes with them. He further deposed that two other persons were also present alongwith Gaman and Bakhsha appellants, who were standing in his courtyard but he could not identify them. He raised alarm, thief, thief, thief, on which Maqbool Khan, his father, Abdur Razzaq, his brothers, Yousaf Baig, Sattar Baig, and Ayub Baig P.Ws. were attracted who chased the accused and apprehended Gaman and Bakhsha accused when they had hardly covered 50/60 Karams distance. He further deposed that Bakhsha. and Gaman accused called their companions by the names of Shahadat and Sikandar asking them to come there and fire, He further deposed that they recovered golden Kantey P.1/1‑2 and golden Guluband P.2 from the Dab of Gaman accused and golden bangles P.3/1‑4 from the Dab 'of Bakhsha accused. They apprehended Gaman and Bakhsha accused after some scuffle. Gaman and Bakhsha accused received injuries from their hands. They tied Gaman accused with a tree in the house of the complainant and let off Bakhsha accused as they identified him.' He further deposed that the accused when running away from his house threw the attache? case outside his house. On search of his house four lady suits were found stolen from his house. On the following day, father of Abdur Rehm an complainant, went to police station and brought the police in the Chak where P.W.4 Abdul Rehman complainant made his statement Exh.P.C. on the basis of which the case was registered. He also produced before the Thanedar one pair of golden Kantey P.l/1‑2 and golden Guluband P.2, which he had recovered from the Dab of Gaman appellant and the Thanedar took the same into possession vide memo. Exh.P.D. He also produced before the Thanedar four golden bangles P.3/1‑4 which he had recovered from the Dab of Bakhsha accused which the police took into possession vide memo. Exh.P.E. He also produced before the police the broken lock P.6 which was taken into possession vide memo. Exh.P.G. He attested the aforementioned recovery memos. P.W.6, Qazi Farooq Ahmad S.I./S.H.O. Police Station Saddar Okara on 1S‑10‑1979, recorded the statement Exh.P.C. of P.W.4 Abdur Rehman complainant. He thereafter sent the same to the police station for the registration of the case, on the basis of. which the formal F.1:R. Exh.P.C./1 was recorded by Ahmad. Hassan M.H.C. with whose hand writing and signatures he acquainted and he identified the handwriting and signature of Ahmad Hassan on? Exh.P.C./l. He arrested Bakhsha and Ghulam alias Gaman accused, who were produced by the complainant. They were injured. He prepared the injury statement Exh.P.J. of Gaman accused and injury statement Exh.P.K. of Bakhsha accused and got them medically examined. He also took into possession a pair of golden Kantey P.1/1‑2 and one Guluband P.2, which were produced by P.W.4 Abdur Rehman allegedly recovered from the possession of Gaman accused. He also took into possession golden bangles P.3/1‑4 allegedly recovered by the complainant from the possession of Bakhsha accused vide memo. Exh.P.E., which were; produced by P.W.4 Abdur Rehman complainant. After the spot inspection, he prepared the rough site plan Exh.P.F. and also took into possession broken lock P.6 produced by Abdur Rehman vide memo. Exh.P.G. On 18‑10‑1979, he arrested Shahadat accused and on the same day he got recovered lady suits. P.4 and P.5 from the possession of Shahadat accused vide memo. Exh.P.F. which were identified by P.W.4, Abdur Rehman, complainant. P.W.7 Mansib Khan A.S.T., on 25‑10‑1979, when he was posted at Police Station Saddar Okara, arrested Sikandar accused.

8. After the closure of the prosecution evidence, the accused were examined under section 342, Cr.P.C. They had denied all the allegations levelled against them and professed their innocence. Ghulam alias Gaman accused had stated that he was given beating by the police. The P.Ws. did not cause any injury to him. He further stated in answer to a question as follows:‑‑ "I am related to Bakhsha accused. The goats of Abdur Rehman were stolen and ‑he suspected Bakhsha accused for the theft of goats. Bakhsha accused produced his defence before the Punchayat but the complainant was not satisfied. On the fateful evening I was coming from Chak No. 22/GD and was going to my Chak through Chak No.21/GD. The complainant and the P.Ws. caught hold of me and produced me before the police on the following morning. I have been falsely involved in this case." Bakhsha accused had stated that he was arrested from his house and was given beating by the police and he received injuries from the hands of the police. In answer to a question he had stated as follows:‑‑ "The goats of the complainant were stolen prior to the present occurrence. The complainant suspected me for that theft but produced defence before the Punchayat but the complainant was not satisfied but bore grudge against me. The complainant got registered this false case against me and my relations due to that grievance. I have beta falsely involved in this case." Sikandar and Shahadat accused had deposed that they have been falsely involved in this case for the reason that they arc related to Bakhsha accused. The accused, however; declined to produce their defence evidence.

9. As stated earlier, the learned trial Court had acquitted the co‑accused and convicted and sentenced the appellants.

10. We have heard the learned counsel for the appellants and the State at length and perused the record with their assistance.

11. The learned counsel for the appellants argued that P.W.2 Ayub Baig, P.W.3, Sattar Baig and P.W.5 Yousaf Baig are closely related to the complainant therefore, they are interested persons and their testimony should not be relied upon. However, in the alternative, argued that the appellants had already suffered some imprisonment before and after the trial and as they had already suffered the agony of protracted trial, therefore, it shall meet the ends of justice if the sentences awarded to the appellants are reduced to the period already undergone.

12. As pointed out by the learned counsel for the State, there is sufficient evidence on the record to prove the charge under section 380, P.P.C. In this respect it may be pointed out that P.W.2 Ayub Baig, P.W.3 Sattar Baig and P.W.5 Yousaf Baig had specifically stated in their statements that on hearing the alarm of thief, thief, thief, they chased the thieves and apprehended. Gaman and Bakhsha accused when they had hardly covered 50/60 Karams from the house of the complainant. The statements of these witnesses are duly corroborated by the injury statements prepared by P.W.6 Qazi Farooq Ahmad S.I. which are Exh.P.1 and Exh.P.K. of Gaman and Bakhsha accused/appellants respectively and M.L.Rs. prepared by Dr. M. Athar, which are Exh.P.A. and Exh.P.B. of Gaman and Bakhsha appellants, respectively. There is nothing on the record wherefrom it can be inferred that P.W.4 Abdur Rehman complainant had any motive or malice against the accused.

13. However, as the present case pertains to the year 1979 and as the appellants have already suffered the agony of protracted, trial for over 12 years and as they have already suffered some imprisonment before and after their conviction, therefore, it shall meet the ends of justice if the sentences and fine imposed on them arc reduced to the period already undergone by them. Therefore, while dismissing the present appeal, the sentences of imprisonment imposed on the appellants are reduced to the period already undergone by them and the fine awarded is hereby set aside. They arc on bail, their ball bonds stands discharged. N.H.Q./G‑36/L ??????????? Sentences reduced.