Law: Penal Code (XLV of 1860)

Section: 332, 323

Law: Civil Procedure Code (V of 1908)

Section: 60

Penal Code (XLV of 1860) Ss. 332 & 323 read with Civil Procedure Code (V of 1908), S. 60 and West Pakistan Relief of Indebtedness Ordinance (XV of 1960), S. 8-Public servant-Execution of decree-Private defence, right of-Bailiff in compliance of warrant of attachment mentioning milch cattle as property to be attached attaching such cattle but assaulted by judgment-debtors (owners) when trying to take them away-Milch cattle being exempt ed from attachment in execution of civil Court decree attachment warrant, in circumstances, an illegal document-Bailiff acting under an illegal warrant-Not protected-Accused not guilty of offence under S. 332, P. P. C.-Accused having acted in defence of their property being carried away illegally, held, could not be punished under S. 323 either. Thakur Tanti v. The State A I R 1964 Pat. 493; Narsayya Luchmayya v. The State A I R 1953 Nag. 292; D. Mader Sahib v. Emperor A I R 1930 Mad. 430 (1) and Bhikugir and another v. Emperor A I R 1932 All. 449 rel. Date of hearing : 19th June 1970.   ORDER Muhammad Latif, Tufail and Mst. Nawab Bibi, petitioners were tried for an offence under section 332, P. P. C. by the Addl. District Magistrate; Sialkot. All of them were found guilty. Muhammad Latif and Tufail were sentenced to one and a half years each while Mst. Nawab Bibi was sentenced to pay a fine of Rs. 200 only and in default to undergo four months' R. I. 2. The petitioners filed an appeal which was partly accepted inasmuch as the, sentence of Muhammad Latif. and Tufail were reduced to six months' R. I. each but the appeal with regard to Mst. Nawab Bibi was dismissed and the fine of Rs. 200 was ordered to be maintained. All three of them have now filed the present petition. 3. The facts of the prosecution case briefly stated are that Inayatullah P. W. filed a suit for recovery of some money against Tufail petitioner. The suit was decreed in his favour and a decree- of Rs. 40.25 was passed against Tufail petitioner. In the execution proceedings a warrant of attachment for the decretal amount was issued from the Court of Tehsildar, Shakargarb, and was entrusted to Ghulam Muhammad bailiff for execution on Tufail…