Law:

Section:

Criminal trial-Evidence-Several accused, not all innocent---­Prosecution witnesses suppressing whole truth and wishing to implicate as many persons as possible-All accused acquitted. JUDGMENT MUHAMMAD YAQUB ALI, J.---The seven petitioners in this case have been convicted of offences under sections 325/149 and 147, P. P. C. and sentenced to one year's rigorous imprisonment on the former and to three months' rigorous imprisonment on the latter count, the sentences on both the counts to run concurrently. An appeal taken to the Court of the Sessions Judge, Shahpur at Sargodha, having remained unsuccessful, the accused have come up in revision before me. The facts leading to the conviction of the accused which are fully embodied in the judgments of the two Courts below are these.: A long-standing enmity existed between the parties and on the day preceding the day of occurrence, viz., 23rd of March, 1954, an altercation and exchange of fist blows took place between two of the accused and Ban (P. W. 7). Bati was belaboured in this incident and in retaliation for it on the morning of the day of occurrence, Fatta, a cousin of Bati (P. W. 7), gave some sota blows to Shera D. W., cousin of Samandi accused. This last incident brought in its wake a concerted attack by all the seven accused on Gulla (P. W. 5) and Shera (P. W. 3), relations of aforementioned Fatta and Mutalli (P. W. 2), while they, alomn with Mutalli (P W. 2) Karam All (P. W. 6) and one Ahman, were coming back to the abadi of village Salam at about degirwela from the dera of Gulla P. W. They had just gone past the dera of Sahnis when they saw the accused armed with dangs coming in their direction. Apprehending an attack the afore­mentioned P. Ws. and Ahman turned back and sought shelter in the said dera. Two of them, Gulla and Shera climbed on the roof of a kotha inside the dera while the other three remained on the ground-floor. Thereupon the seven accused first directed their attention to their victims on the roof-top and inflicted as many as six injuries on the person of Shera, one of them being grievous caused on the head, and 10 injuries on the person of Gulla, one of them being dangerous to life caused…

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