Law:

Section:

Keywords: Registered, Examination, Offences, Sale Deed, Evidence, Plea, Dispute, Property, Trial Court, Land, Division, Consideration, Land In Dispute, Government, Certificate, Execution, Magistrate, Failure, Investigation, Prosecution, Interference, Defence, Possession, Procedure, Cross-Examination JUDGMENT The respondents who are related to one another were tried by the Civil Judge and F. C. M., Schvvan for offences under section 447 read with sections 148 and 149, P. P. C. and acquitted by the learned Civil Judge and F. C. M. by his judgment dated 12th December 1968. The applicant, who was the complainant in the trial Court, was aggrieved by this judgment, therefore he filed a revision against it in this Court which has now come up for hearing before me. 2. The dispute in this case relates to 500 acres of land situated in Duri Dero Dadu District. This land was owned by the respondents but according to the applicant it had been sold to the applicant's father by a registered sale deed dated 13th December 1954. Thereafter, according to the prosecution, the applicant's father had been in possession of this land and had been cultivating it. On the morning of 15th November 1967 at about 11a. m. the applicant happened to be present on this land and his father's Haris were cultivating it. Suddenly, the respondents came armed with weapons, threatened them, drove them out and took possession of the land from them. Therefore the applicant lodged an F. I. R. at Police Station Bhan Saidabad which was recorded by P. W. Head Constable Aurangzeb, and 1 may point out here that, although the police station was at a distance of 10 miles from the scene of offence, the F. I. R. was recorded the next day at 1-40 p.ra. Be that as it may, the police thereafter commenced investigations and visited the vardat. The mushirnama of the vardat (Exh. 5A) was prepared on 17th November 1967 and was witnessed by mashir Muhammad Ali. After investigations were completed, the respondents were put up in due course for their trial under sections 447 read with sections 148 and 149, P. P. C. 3. In support of his case the applicant examined himself and two eye-witnesses. P. Ws. Loung and Abdul Karim…

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