Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 324, 411, 440, 337-A(i), 337-F(ii), 337-F(v)(vi), 148 & 149---Attempt to commit qatl-e-amd, dishonestly receiving stolen property, mischief, causing Shajjah-i-Khafifah, causing badi'ah, hashimah, munaqqilah and rioting, common object---Appreciation of evidence---Defence version with regard to actual delivery of possession of suit-land in their favour, on the basis of sale-deed, was not supported by any documentary evidence---Patwari appeared in the court as prosecution witness, but the defence side had failed to put any document regarding change of possession ever issued by him in favour of defence side---Defence could not prove that the complainant party had forcibly taken the possession from accused---Defence had admitted that the complainant party was in possession of the suit-land---Presence of accused party along with tractors and firearm weapons at the time and place of occurrence transpired that they wanted to get the possession of the disputed land forcibly in illegal manner---Aggression of accused party was established in furtherance of their common object to commit mischief after preparation---Such was an overt act committed by accused in prosecution of their common object being members of unlawful assembly---Offence under Ss.440/148/149, P.P.C., was established against accused, in circumstances---Appraisal and comparative analysis of ocular and medical evidence with regard to attribution of various injuries to accused persons, transpired that same were consistent, in line and corroborative to each other without any material discrepancy---Respective con-viction of accused persons with regard to attribute of various injuries to each of them, did not suffer from any notable inconsistency---Accused could not discharge the burden of proving the right of private defence---Trial Court had rightly concluded that accused party was guilty of criminal trespass by constituting unlawful assembly to create mischief---Accused had no case at all to challenge the convictions and sentences awarded to them by the Trial Court---Trial Court having already taken lenient view in awarding the sentences to accused persons for…

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