Law: Penal Code (XLV of 1860)

Section: 302(b),149

Penal Code (XLV of 1860)--- ----Ss. 302(b) & 149---Qatl-i-amd, unlawful assembly---Reappraisal of evidence---Appeal against acquittal---Place of occurrence was the very field which was in dispute between the parties---Deceased and others members of the complainant party had themselves gone to the place of occurrence which was in possession and under cultivation of the accused party and it was also not denied that at the relevant time deceased was armed with a pistol---Record of the case showed that one person from the side of the accused party had also died upon receipt of a firearm injury during the same incident but said murder had been completely suppressed by the complainant party---Deceased was the only person who was attacked by the accused party and no other member of the complainant party was harmed at all---Accused party had advanced a plea of exercise of right of private defence and upon a proper appraisal of the evidence the High Court had accepted such plea---Reasons recorded by the High Court for acquitting the accused persons were found to be borne out from the record---No jurisdictional infirmity, illegality of approach, irregularity of procedure or perversity of reasoning on the part of the High Court in acquitting the accused persons had been pointed out---Appeal against acquittal of accused persons was dismissed accordingly. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN KHOSA, JUSTICE:---.--- Criminal Appeal No. 25-K of 2014 At the outset we have been informed that respondent No. 1 namely Haji Muhammad has already died in jail and in view of this development this appeal has abated to his extent. 2. Respondents Nos. 1 to 7 had been charged with the murder of one Gobandram committed at about 02.20 p.m. on 10.02.2002 in an open field near Seri Farm in village Seri Taluka Mirpurkhas in the area of Police Station Taluka Mirpurkhas, District Mirpurkhas in the backdrop of a dispute over a parcel of land. With the said allegations respondents Nos. 1 to 7 were booked in case FIR No. 12 registered at the above mentioned Police Station during the same day and after a regular trial the said respondents were convicted by the trial court for an offence…

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