This revision petition is directed against order, dated 1984 of the learned Sessions Judge, Bahawalpux whereby he dismissed petitioner's appeal against the order of his conviction, dated 9- 2-1984 of the learned trial Magistrate, Bahewalpur.
2. The petitioner was convicted under section 411, P.P.C. By the learned Magistrate and sentenced to suffer R.I. For two years, on the proof of charge, that on the night between 27/28-6-1982 he was travelling by train and. When the same had stopped near Railway gate, Bahawalpur at about 3-50 a.m. He decamped with complainant's bag Exh.P.1 containing currency notes P.2 to P.31 amounting to Rs.3,000 and clothes P.33 to P.35 contained in the aforesaid bag but was arrested on the spot by Abdullah Khan A . S. I P. W .4 in presence of Allah Wasaya P. W .2 and Muhammad Ashraf P.W.3 besides the complainant.
The petitioner was tried for the commission of the aforesaid offence and was convicted and sentenced as aforementioned.
3. Learned counsel for the petitioner has contended that the stolen property was not produced at the time of trial, and therefore, the trial on that account had vitiated. It was next contended that the petitioner was already under arrest in another case on 28-6-1982, therefore, the question of the commission of offence on the night falling between 27/28-6-1982 did not arise.
4. I have considered the contentions raised by learned counsel for the petitioner and have gone through the evidence on the record. It appears that the learned counsel for the petitioner has not carefully perused the evidence on the record. It is apparent from the statement of Allah Wasaya P.W.2 that the bag Exh.P.1 was identified by him at the time of trial. As regards the second contention reference was made to a note given by the police officer on the application, dated 29- 6-1982 for having the accused on judicial remand, to the effect, that the petitioner was under arrest in another case. This contention is also A devoid of substance for the reason, that the petitioner failed to bring on record any document to show that he was arrested by police prior to the time of occurrence and was at the relevant time under custody. The note given on the aforesaid application on 29-6-1982, subsequent to the date of occurrence is, thereof no avail to the petitioner. Moreover this plea was not taken by the petitioner at the trial. There is no mention of the same in his statement recorded under section 342, Cr.P.C. Nor any suggestion was made in this respect to the prosecution witnesses.
5. The prosecution evidence comprising statements of Fazal Dad complainant, Allah Wasaya and Muhammad Ashraf P.Ws. Proved the prosecution case against the petitioner beyond reasonable doubt. The learned lower Courts scanned the evidence on record and unanimously held the petitioner guilty of the charge and maintained the order of his conviction.
6. In the result I find no merit in this petition and hereby dismiss the same in limine.