Law:

Section:

(a) Penal Code (XLV of 1860)----- Ss. 146 & 149-Rioting-Accused persons more than 5 in number never in possession of disputed field-Attempt by such party to take possession by force-Amounts to rioting-Penal Code (XLV of 1860,E Ss. 302, 307 & 148. (b) Penal Code (XLV of 1860)- --- S. 302 read with Ss. 300, Exception 2 & 304-[Murder case]-Private defence, right of-No incriminating recovery made from disputed field--­Barring one, all recoveries made from fields other than disputed field and recovery not made from such fields made from place almost on border line of disputed field-Accused party, on such facts, held, tried to enter adjacent land and not to prevent complainant party from entering disputed area-No question of right of private defence being available to any accused, in circumstances, arose so as to entitle application of section 304(I), P. P. C. on finding of accused having exceeded such right. (c) Penal Code (XLV of 1860)- --Ss. 302, 148 & 149-Common object-Three persons on complain­ant's side killed and prosecution witnesses receiving 15 injuries-­Deceased persons also receiving 14 injuries, all caused by fire-arms--­Complainant party if aggressors and some of them armed with fire­arms more on accused's side, and not only one, would have bean injured-Complainant party if aggressors would not have gone on such errand accompanied by their womenfolk --Accused's plea of 50 or 60 persons on complainant's side having collected and resorted to indis­criminate firing yet injuring only one person on accused's side and that too not very seriously -Improbable-Accused not only participating but participating in prosecution of their common object to forcibly take possession of disputed field-Held, rightly convicted under Ss. 302, 148 & 149, Penal Code, 1860. Per Salahuddin Ahmed, J. [contra]-­ (d) penal Code (XLV of 1860)- --Ss. 302 & 149 read with S. 300-Tract of accused A being fired at and grievously injured and prosecution witnesses remaining silent on question of such accused being hurt-Supported likelihood of existence of a right of private defence of person and property on accused's part-Charge of rioting and application of S. 149,…

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