Law: Penal Code (XLV of 1860)

Section: 325, 34

  (On appal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 11th August 1969, in Criminal Appeal No. 124 of 1967). Penal Code (XLV of 1860), S. 325/34-Intention-Accused coming armed with lathis with common intention of causing injuries to complainant's party-Conviction of accused under S. 325/34, held, justified. Date of hearing : 7th January 1970. ORDER WAHIDUDDIN AHMAD, J.-The petitioners were tried for offences under sections 394, 397, 323 and 325/34, P. P. C., by the Sessions Judge, Sukkur, by order dated the 14th April 1967. The petitioners were acquitted of the charges under sections 394, 397 and 323, P. P. C. They were, however, convicted under section 325/34, P. P. C. and sentenced to two years' rigorous imprisonment each and also to pay a fine of Rs. 500 or in default to suffer rigorous imprisonment for six months. The petitioners challenged this judgment in Criminal Appeal No, 124 of 1967, which was dismissed on the 11th August 1969. The allegation against the petitioners is that on the 23rd 1965, at about noon time when the complainant Nabi Bux was ploughing his land, the petitioners armed with lathis came and told him that he had been making complaints against them and in order to teach him a lesson, they forcibly took away his bullocks. While he was resisting, the petitioners gave him lathis blows. At this he raised alarm, which attracted P. Ws. Ali Murad and Din Muhammad. These persons intervened but the petitioners gave them also lathi blows. All the three injured persons went to Bagerji Police Station and lodged the First Information Report. All the three injured persons were sent to the Hospital for treatment. The petitioners were arrested but the bullocks were secured from the cattle pound where these were alleged to have been impounded by one Kabil. The learned Sessions Judge held that the case of the complainant for the robbery of the bullocks had not been proved. He, however, convicted them for causing injuries to the complainant party in furtherance of their common intention under section 325/34, P. P. C. This order was challenged in Criminal Appeal No. 124 of 1967, which was…