| Case ID |
20263da3-02a9-4db4-aa67-dcc7baf46e2b |
| Body |
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| Case Number |
Criminal Jail Appeals Nos. 111-115 of 1971 |
| Decision Date |
Mar 02, 1974 |
| Hearing Date |
Mar 02, 1974 |
| Decision |
The Sindh High Court dismissed the appeals of the five appellants, affirming their convictions for dacoity, robbery, and related offences. The court modified the sentences, reducing the imprisonment for the appellants Amir Bux, Samano, and Chakar to two years under section 395, P.P.C., while maintaining the seven-year sentence for Azim and Khalkoo under section 397, P.P.C. The court found sufficient evidence of a burglary, with injuries sustained by the appellants indicating resistance during their apprehension. The appeals were dismissed with modifications in sentences, reflecting the court's assessment of the circumstances surrounding the case and the lengthy duration of the trial process. |
| Summary |
The case involves five appellants accused of burglary and related offences, including dacoity and robbery under the Pakistan Penal Code. The incident occurred on April 23, 1966, when the complainant, Khan Muhammad, discovered a break-in at his residence. The prosecution presented evidence, including tracking footprints to apprehend the appellants, leading to their capture with stolen property. The High Court initially accepted their appeal and remanded the case for retrial, ultimately sustaining convictions but modifying sentences. Key legal points include the application of sections 395, 397, and 149 of the P.P.C. and section 13-D of the Arms Ordinance, emphasizing the court's scrutiny of the evidence and the appellants' claims of enmity and wrongful capture. The decision underlines the importance of credible witness testimonies in establishing guilt, as well as the legal definitions of robbery and dacoity, contributing to a notable legal precedent in similar future cases. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAQEE QURESHI, J
|
| Lawyers |
Azizullah Shaikh
|
| Petitioners |
Azim,
Amir Bux,
Khalkoo,
Samano,
Chakar
|
| Respondents |
The State
|
| Citations |
1977 SLD 1893,
1977 PCRLJ 699
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code,
Arms Ordinance
|
| Sections |
395,
397,
457,
380,
149,
13-D
|