Shahbaz son of Chakar petitioner was tried under section 411, P.P.C. For the theft of a bullock. By judgment, dated 13-12-1981 he was convicted under section 411, P.P.C. By Magistrate Section 30, Jhang and sentenced to undergo one year's R.I. He filed an appeal which was dismissed by the learned Additional Sessions Judge, Jhang on 21-11-1983.
2. The facts in brief are that on 28-7-1982 a bullock suspected to be stolen was recovered from the possession of the petitioner under section 550, Cr.P.C. At Bridge Chimiranwali. Sardar Muhammad complainant identified the same as belonging to him which according to him had been stolen. On his statement Exh.P.A the case was registered. The recovery memo. Exh. P.B was attested by Ahmad Khan P.W.2 F.C., Riaz and Muhammad Saleem A.S.I. After investigation the petitioner was challaned.
3. At the trial, Sardar Muhammad appeared as P.W.1. He proved the theft of his bullock. Ahmad Khan F.C. P.W.2, Muhammad Saleem A.S.I. P.W.3 and Muhammad Riaz P.W.4 proved the recovery.
4. The petitioner pleaded not guilty to the charge and denied the recovery and disclaimed the bullock. He did not lead any evidence in defence.
5. Relying on the prosecution evidence the trial Court convicted and sentenced the petitioner as described above. Hence this revision.
6. Learned counsel for the petitioner does not challenge the conviction of the petitioner but pleads for reduction of the sentence on the ground that he is a first offender and suffered the agony of a protracted trial. The occurrence pertains to the year, 1982 and he has already suffered a lot.
The petitioner is reported to have remained in jail for a few months. He is stated to be a first offender. The alleged occurrence had taken place about 8/9 years back. Accordingly, while maintaining the conviction I reduce the period of his imprisonment to the one already undergone by him. He is on bail and is discharged from the bail bonds.