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Criminal Appeals Nos. 357 and 372 of 1966, decided on 11th October 1967.
S. 489-D-Possessing instruments for forging-Accused convicted and sentenced to 7 years' R.I. Sentence passed on accused considered. very severe, in circumstances of case-Sentence reduced to 4 years' R. 1.
Shaikh Mir Muhammad for Appellants Nos. 1 and 2.
Riazul Hassan for Appellant No. 3.
Ale Raza for the State.
Date of hearing : 11th October 1967.
The appellants have been convicted under section 489, P. P. C. and sentenced to suffer rigorous imprisonment for seven years each. They have filed separate appeals. They will be disposed of under this Judgment.
2. The facts of the prosecution case briefly are that a report Exh. 8 by Sajid Ali, Inspector of Post Offices was registered on the 13th of February 1965, in which an allegation was made that forged postal orders were in circulation. The C. 1. A. there fore interrogated Muhammad Nazir Jaffar and pursuant to the information given by him raided the press known as Mohsin Art Press at Lalukhet on the 19th of February 1965, at 2 a.m. Several Articles including the British Postal Orders were secured from the press. They were found to be on the machine and were in the process of being made. Mashirnama Exh. 4-A in the presence of Bahadur Khan mashir P. W. 2 was made. All the three appellants who were present there and working on the machine were then arrested. After the usual investigation was concluded, they were challaned.
3. The appellants, when questioned, denied the allegations made against them. Each one of them, however, stated that they were called from their respective houses and put up as accused persons. Muhammad Ahsan appellant, the owner of the press, admitted that the press belonged to him. He also admitted that the search of the press had taken place in his absence and all articles minus the Postal Orders had been secured from there. They have assigned no reason why the witnesses have given evidence against them. They have also examined no witness in defence.
4. The prosecution for proving their case have relied upon the evidence of Sub-Inspector Nazar Muhammad P. W. I, Bahadur Khan mashir P. W. 2, and Raja Sultan Ahmad, Inspector C. I. A. P. W. 3. They have all supported the case of the prosecu tion and have given evidence that the British Postal Orders were found in the process of being made on the machine installed in the Mohsin Art Press at Lalukhet. All the three appellants, according to their evidence, were found to be working on that machine in one capacity or the other. Nothing has been alleged against them. Nothing has also been brought out from their cross-examination to discredit their evidence. Even the learned counsel for the appellants have not been able to press the case of the appellants on facts. They have merely argued the appeals on question of sentence.
5. They have contended that the maximum sentence Pres cribed under section 489-D, P. P. C. is either transportation for life or imprisonment for 10 years. The sentence passed on the appellant is rigorous imprisonment for seven years which in the circumstances of this case is very severe. The counsel for the State also concedes the position. I consequently, while dismissing the appeals filed by the appellants, reduce their sentence from rigorous imprisonment for seven years each to rigorous imprisonment for four years each.
6. With this modification, the appeals filed by the appellants are dismissed.
Appeals dismissed.
Sentence reduced.
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