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Petition for Special Leave to Appeal No. 234 of 1971, decided on 5th July 1972.
(On appeal from the judgment and order of the Lahore High Court, dated the 1st September 1971, in Criminal Appeal No. 280 of 1969).
Penal Code (XLV of 1860),
S. 420 read with S. 114 Lambardar identifying, before Patwari; an impostor as the real owner of property‑Contention that identification was innocent and did not deceive any one‑Repelled‑Conviction under S. 420/114, P. P. C., held, proper.
M. Ismail Bhatti, Senior Advocate Supreme Court instructed by S. Wajid Hussain, Advocate‑on‑Record for Petitioner.
Nemo for the State.
Date of hearing : 5th July 1972.
The petitioner is a Lambardar and he has been convicted under sections 419, 420 read with 114 of the Pakistan Penal Code and sentenced to one and two years' rigorous imprisonment, respectively, for the two offences.
The allegations against him are that he identified the alleged vendor as Kaura before the Patwari in the mutation proceedings and as a result of this identification the mutation was recorded and the purchaser was deceived into purchasing the property from the impostor. There is the evidence of the purchaser, P. W. 12 Ghulam Muhammad in support of the allegation. All the Court have found that the petitioner did in fact identify the impostor.
We are unable to accept the contention that the petitioner's identification was an innocent one and it did not in any way deceive the purchaser.
We do not think it is a fit case for our interference. The petition is accordingly dismissed.
Leave refused.
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