1991 P Cr (PLP)
MUHAMMAD JAMIL and 2 others — Petitioners Versus THE STATE — Respondent
| Citation | 1991 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD JAMIL and 2 others — Petitioners Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1991 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 P Cr (PLP) (MUHAMMAD JAMIL and 2 others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Nemo for Petitioners. Nemo for the State.
Headnotes / Summary
S. 411
Buffaloes were recovered after 5 months of their theft
Accused could not with certainty be said to have knowledge of buffaloes being stolen property
Buffaloes were not produced at the time of recording evidence of recovery witnesses
Could not be said that buffaloes recovered from accused were the same which were stolen
Conviction and sentence was set aside in circumstances.
Judgment & Decree
Nemo for Petitioners. Nemo for the State. Date of hearing: 20th April, 1991. Muhammad Jamil, Alam Sher and Nazar Muhammad, petitioners were tried under section 379/411, P.P.C. on the charge of theft and keeping stolen buffaloes of Muhammad Nawaz, complainant.
2. To prove its case, the prosecution produced 5 witnesses. Muhammad Nawaz, P.W.1, deposed about the theft and the recovery of his buffaloes from the petitioner. Riasat Ali, P.W.2, stated that one buffalo of Muhammad Nawaz was recovered from Nazra. Sultan Ahmad, P.W3, stated that one buffalo of Muhammad Nawaz was recovered from Jamil and the other from Alam Sher, petitioners. Ahmad Yar,, P.W.5, A.S.I. investigated the case and recovered the buffaloes from the petitioners.
3. When examined under section 342, Cr.P.C. the petitioners denied the recoveries from them. They produced Baz Khan, D.W.1, and Khushi Muhammad D.W.2. The trial Court convicted the petitioners under section 411, P.P.C. and sentenced them to one year's R.I. The appeal filed by them was dismissed by Additional Sessions Judge, Sargodha, on 8-5-1983.
4. No one has appeared for the parties. Since revision after having been admitted to hearing cannot be dismissed for non-prosecution, so I have examined the case myself. I feel inclined to accept this revision for the reasons that the theft was committed in July, 1980, and the buffaloes were allegedly recovered after five months of theft and as such it cannot be said with certainty that the petitioner knew that buffaloes recovered were the stolen property, Furthermore, the buffaloes were not produced at the time of recording the statements of the recovery witnesses, therefore, it cannot be said that the buffaloes of Muhammad Nawaz was recovered from the petitioners.
5. Pursuant to the above discussion, this revision is accepted. The conviction and sentence of the petitioners is set aside and they are acquitted of the charge. SA./M-2941/L Revision accepted.