Allah Ditta petitioner was tried under section 411, P.P.C. By Magistrate 1st Class, Muzaffargarh on the charge of retaining hand-pump of the value of Rs.900 knowing the same to be a stolen property.
On 12-6-1982, he was convicted and sentenced to one year R.I. On appeal, the conviction was maintained but the sentence was reduced from one year to six months' R.I. Hence this revision.
2. Learned counsel for the petitioner submitted that Allah Bakhsh and Sultan Mahmood, the recovery witnesses are not reliable inasmuch as Allah Bakhsh has admitted his enmity with the accused and Sultan Mahmood is closely, related to the complainant. The learned counsel for the State has opposed this petition.
3. I have considered the matter carefully. I feel persuaded to agree with the learned counsel for the petitioner. Admittedly Allah Bakhsh and Sultan Mahmood, the recovery witnesses are the interested witnesses. They are also not the natural witnesses. The Investigating Officer took them with him from the place of occurrence for making them witnesses of the recovery. Furthermore, the property was recovered from a place which was not in the exclusive possession of the petitioner.
4. Pursuant to the above discussion, the revision is accepted, the conviction and sentence of the petitioner is set aside and he is acquitted of the charge. He is on bail. He stands discharged of the bail bond.
N.H.Q./A-1114/L