SPSC 2015 Revenue Qualifying Departmental Exam (January 2015) — Magisterial Case / Judgment Writing (CrPC & PPC) Paper

Revenue Qualifying Departmental Exam (January 2015) — Magisterial Case / Judgment Writing (CrPC & PPC). Friday 16 January 2015, 10:00 am to 12:00 noon · Maximum marks 50 (with books)

1. 1As a first class Magistrate write an imaginary judgment based upon evidence and facts as given below: On 21-09-2014, accused Muhammad Uris armed with Pistol, his brothers Muhammad Yousif, Ghulam Murtaza and Ali Asghar having lathies in their hands went to the shop of complainant on a Mehran Car when he was sitting with his friends Inayat Hussain and Muhammad Aslam on his vegetable shop. Muhammad Uris instigated to capture and teach lesson to complainant whereupon the persons having lathies caused lathi blows to complainant on his back, legs and other parts of body. The witnesses beseeched them, then accused Asghar and Ghulam Murtaza robbed of Rs. 7,000/-, CNIC and documents of Motor cycle lying in the drawer; thereafter, Muhammad Uris issued threats to complainant and then all accused boarded on the same car and went away. Such FIR was lodged U/S 392, 506/2, 114, 337-A (i), 337 F (i), 34, PPC. During investigation Police arrested accused Muhammad Uris, Muhammad Yousif and Ghulam Murtaza and recovered Rs. 2000/- from accused Uris, and documents of motor cycle from accused Muhammad Yousif and CNIC of complainant from the personal search of accused Ghulam Murtaza in presence of Mashirs namely Muhammad Haneef and Muhammad Usman. The complainant identified the recovery to be same which was robbed from him. Accused Ali Asghar obtained pre-arrest bail and joined the trial. On conclusion of investigation the challan was submitted before the Court of 1st class Magistrate for trial of the accused. After completion of usual formalities a formal charge was framed against the accused to which they pleaded not guilty and claimed to be tried. During trial the complainant was examined; he produced copy of FIR. P.Ws Inayat and Muhammad Aslam were examined; they supported the version of complainant. Private Mashir Muhammad Haneef supported the arrest and recovery. He produced such Mashirnama which was prepared on spot by the Investigation Officer in presence of Mashirs. Lastly the I.O was examined who arrested the accused and recovered the robbed articles from accused persons. They supported the case of prosecution; thereafter the side was closed by the State counsel for the purpose of recording further evidence. The statements of accused were recorded U/S 342 Cr.P.C; they simply denied the incident and recovery of the above recovered articles, which were not identified by the complainant before any Magistrate; neither they led any defence evidence in disproof of the prosecution version nor examined themselves on oath.