Law: Illegal Dispossession Act, 2005

Section: 3(2)

Law: Pakistan Penal Code, 1860

Section: 302

Illegal Dispossession Act, 2005 (XI of 2005)-- ----S. 3(2)--Pakistan Penal Code, (XLV of 1860), S. 302--Criminal appeal--Complaints u/Ss. 3, 7, 8 of Illegal Dispossession Act, 2005--Co-owners purchased suit land according to jamabandi--It is alleged that appellant committed murder of his mother and got registered case against him and 15 others--They acquitted on base of compromise--Then filed suit for recovery of “Lagan”--Civil and criminal litigation between parties--Suit property is joint between parties and has not been partitioned legally by Court till today--In these circumstances, appellants neither could have been convicted nor shares of complainants could have been directed to be separated from co-owners including appellants urider Illegal Dispossession Act, 2005 without legal partition of suit land through impugned which is result of mis-reading and non-reading of evidence and is not sustainable in eyes of law--Appeal was accepted, conviction and sentence set aside. PLD 2010 SC 661. JUDGMENT Appellants (Muhammad Riaz, Muhammad Nawaz, Zahid Ali and Naeem/Nadeem @ Jhalla) have been tried by learned trial Court in two separate complaints under Sections 3, 7, 8 of Illegal Dispossession Act, 2005 and were convicted and sentenced vide consolidated judgement dated 16.05.2011 as under: Muhammad Riaz and Muhammad Nawaz (appellant) Under Section 3(2) of Illegal Dispossession Act, 2005 Sentenced to imprisonment for two years R.I, each with fine Rs. 30,000/- each payable to the complainants under Section 544, Cr.P.C. in default whereof to further undergo three months simple imprisonment each. Zahid Ali and Naeem @, Jhalla (appellant) Under Section 3(2) of Illegal Dispossession Act, 2005 Sentenced to imprisonment for one year R.I. each. 2. Heard. Record perused. 3. On 27.06.2007 and 11.07.2007, Ashiq Hussain (PW-2) and Muhammad Sharif PW-1 (since dead) respectively by filing separate complaints wider Sections 3, 7, 8 of Illegal Dispossession Act, 2005 stated therein that they along with other co-owners purchased suit land measuring 48-Kanals 08-Marlas Khasra Nos. 224/4-1, 242/7-3, 243/6-15, 288/7-0, 289/6-9, 297/7-7,298/4-0, 326/5-13,288/0-12,289/0-10, 327/2-11,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492