Law: Penal Code (XLV of 1860)

Section: 302

(On appeal from the judgment and order passed by the Lahore High Court, Lahore. on 29thNovernber 1971, in Cr. Appeal No. 807 of 1968 and Cr. Revision No. 513 of 1970). Appeal against acquittal---Supreme Court would not interfere with finding of acquittal which is sustainable on record and is neither perverse nor resulting in miscarriage of justice-Penal Code (XLV of 1861), S. 302. Date of hearing : 24th November 1972. ORDER ANWARUL HAQ, J.--This petition for special leave/to appeal seeks to call in question the acquittal by the High Court of the six respondents herein of charges falling under sections 148, 302 and 307 of the Pakistan Penal Code read with section 149 thereof. The respondents had been convicted on these counts by the learned Additional Sessions Judge No. 2 at Multan and sentenced to undergo various terms of imprisonment. The complainant bad also filed a revision petition for enhancement of the sentences awarded to the respondents. By the order under challenge the appeal filed by the convicts was accepted, whereas the revision petition filed by the complainant was rejected. The incident resulting in the death of Muhammad Shah deceased and injuries to four prosecution witnesses namely Allah Ditta (P. W. 12), Ashiq (P. W. 13), Sadiq (P. W. 14) and Fida Hussain (P. W. 15), occurred on the 11th of July 19677, at 10-35 a.m. at Chall Bagllichiwala, in village Tarf Ravi, in the jurisdiction of Police Station Sadar, Multan. The matter was reported without delay at 11-50 a.m. by Allah Ditta at the police station which is at a distance of only two miles from the place of occurrence. The dispute between the parties related to the possession of certain fields belonging to one Kazim Ali Shah, which had been previously leased out to Muhammad Bakhsh and Elahi Baklish, nephews of Yar Muhammad (respondent No. 6). The prosecu tion alleged that on the expiry of this lease, possession was taken from these two persons and delivered to the complainant party as the new lessees on the 16th of June 1967. On the date of the occurrence, prosecution witnesses Allah Ditta, Ashiq and Sadiq had climbed up the date trees in Khasra No. 1094 for the purpose of covering the fruit,…