Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 426---Penal Code (XLV of 1860), Ss. 452/ 337-A(i)/ 337-A(ii)/ 337-A(iii)/ 337-L(2)/337-F(vi)---House trespass after preparation for hurt, assault or wrongful restraint, shajjah-i-khafifah, shajjah-i-mudihah, shajjah-i-hashimah, other hurt, ghayr-jaifah-munaqqillah---Suspension of sentence---Contentions of the accused and co-accused were that parties were inimical to each other as there was a dispute between them over agricultural land and litigation in respect thereof was pending in the court; that all the prosecution witnesses were inimical and interested witnesses, therefore, their testimony without corroboration of independent evidence could not be made basis of the impugned conviction; that there were general allegations against the accused and no specific role had been attributed to him; that Trial Court had absolved the accused and co-accused of the charge of dacoity/robbery, in view of which they could not be convicted under S. 452, P.P.C, and if the sentence awarded under S. 452, P.P.C was excluded, they at the most could be awarded a much lesser sentence or could be directed to pay daman to the victims---Validity---Trial had concluded that neither dacoity nor robbery was committed by the accused and co-accused, therefore, no conviction could be awarded to them under S. 452, P.P.C---No specific role had been attributed to the accused but the co-accused had been assigned with a specific role---Accused had remained on bail during the trial---Counter case was registered against the complainant party, in which case the Trial Court had acquitted them, but appeal against their acquittal had been admitted for regular hearing by the High Court---Complainant had contended that it would be proper if said appeal against acquittal and present appeal were heard together, but keeping in view the backlog of cases, chances that present appeal would be heard and decided in the near future were very remote---Application for suspension of sentence was partly allowed to the extent of the accused but dismissed to the extent of the co-accused---Conviction and sentence awarded to the accused was suspended and he was released…

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