Muhammad Hanif and Tariq Hussain, petitioners, stand convicted under section 411, P.P.C. And sentenced to one and a half years' R.I. And a fine of Rs.2,000 or in default thereof two months' S.I. On the charge of keeping stolen buffalo of Mubarik P.W.
2. The prosecution case is that on 13-5-1986, the petitioners were seen taking the buffalo with them, which was recovered from them by the police in the presence of Muhammad Yousaf and Faqir Muhammad P.Ws.
3. The learned counsel for the petitioners contended that the possession of the buffalo by the petitioners being joint, they could not have been convicted under section 411, P.P.C. The learned counsel for the State is not in a position to controvert him.
4. I have considered the matter carefully. I find that Muhammad Hanif, petitioner No.1, is the father of Tariq Hussain, petitioner No.2. According to the prosecution case, both of them were taking the buffalo, so it cannot be said as to who, out of the father and son, was in the exclusive possession of the buffalo. For this reason, the prosecution has not been able to prove its case beyond- reasonable doubt.
5. Pursuant to the above discussion, this petition is accepted. The conviction and sentence of the petitioners is set aside and they are acquitted of the charge. They are on bail. They stand discharged of their bail bonds.