Muhammad Ali and Mian Khan, petitioners, stand convicted under section 411, P.P.C. On the charge of keeping stolen buffalo on 19-6-1981, which was recovered from them by Mazhar Hussain Shah, H.C. (P.W.4).
2. The learned counsel for the petitioners submits that the prosecution case accepted at its face value, the petitioners could not have been convicted inasmuch as the possession of the petitioners was joint one. The learned counsel for the State has opposed him.
3. I have considered the matter carefully. I find that according to the recovery witnesses, namely, Muhammad Rashid P.W.2 and Muhammad Azam P.W.3, the buffalo was recovered from the joint possession of the petitioners. Furthermore, no case of theft was registered before the alleged recovery of the buffalo from the petitioners and, as such, it cannot be said that the individual petitioner was keeping the buffalo dishonestly knowing the same to be stolen property. This being the position, there is no option but to accept the revision.
4. Pursuant to the above discussion, while giving them the benefit of doubt, the petitioners are acquitted of the charge. They are on bail. They stand discharged of their bail bonds. .