Law: Penal Code (XLV of 1860)

Section: 148, 302, 149

(a) Criminal trial Recovery---Lathis recovered from accessed not produced at trial--No evidence showing use of lathis in commission of crime---Such recovery, held, Inconsequential-No empty found a' spot Recovery of Pistol in circumstance of no help to prosecution. (b) Penal Code (XLV of 1360), Ss. 148 & 302/149---Murder trial---Benefit of doubt-----Prosecution evidence interested and inimical Delay in lodging F. I. R.---No corroboration available with respect to Participation of each accused in commission of crime nor any positive evidence to point out actual perpetrators of crime---accused given benefit of doubt and acquitted. Dates of hearing: 22nd and 28th June 1971                                                                                                           JUDGMENT The sever appellant; have been convicted under sections 148 and 302 read with section 149, P. P. C. for causing tree death of one Raja Khan in the area of village Sadwal Kalan, Police Station Lalauausa in the District of Gujrat. They were sentenced to two Years' k. I. each on the first count and to transportation for life each oh the second. 2. It appears from the evidence that Bashir scan of Allah Ditta appellant is a brother's son of Raja Khan deceased. His father had left the village leaving the land in possession of his brother, but after his return he tried to take possession of the land. It is the story of the prosecution that Rehmat, Siraj, Bashir son of Lai, Bashir son of Allah Ditta, Mashooq and Muhammad Khan appellants tried to take possession of the laud. During this attempt Mien Khan the father of Mashooq appellant was assaulted by Raja Khan deceased and leis son Siddiq P. W. along with eight others. The legs of Mian Khan were fractured and Bashir son of --Allah Ditta appellant also received injuries. The three eye--witnesses who have appeared at the trial, namely, Muhammad Siddiq (P. W. 9),…