Law: Penal Code (XLV of 1860)

Section: 302, 34, 97

(a) Penal Code (XLV of 1860), S. 302/34 Prosecution evidence wholly unsatisfactory in many respects and not consistent with regard to who caused injuries to whom-Eye-witnesses interested and on inimical terms with accused-Convictions and sentences set aside in circumstances. (b) Penal Code (XLV of 1860), S. 97-Private defence ----Accused in possession of disputed land-Justified to protect their property and claim right of private defence. Dates of hearing: 22nd, 23rd February and 10th March 1972.                                                                                                          JUDGMENT Four appellants, namely, haqirullah (41), Haq Nawaz (36), Wali Dad (26) and Allah Bakhsh (27), were tried under section 302/325/323/447 read with section 34, P. P. C. for the murder of Amir Bakhsh and having caused injuries to Allah Bakhsh and Sultan P. Ws. They were convicted under section 304, Part 1 read with section 34, P. P. C. with an award of four years' R. I., one year's R. I. under section 325/34, P. P. C. and six months' R.I. under section 323/34, P. P. C. each vide the judgment elated the 18th of July 1964, passed by Additional Sessions Judge, ill, Multan. However, all the accused were acquitted of the barge under section 447, P. P. C. It was directed that the sentences shall run concurrently. The appellants have filed this appeal against their convictions and sentences. 2. Faqirullah and Wali Dad are brothers, while Haq Nawaz is married to their sister. Allah Bakhsh is a tenant of Faqirullah and Wali Dad. 3. Briefly the prosecution case is that Hakim Allah Ditta father of Faqirullah and Wali Dad appellants took 42 acres of land in Chak No. 11/T.R., Tehsil Multan in auction along with one Muhammad Ismail in March 1957, for Rs. 58,868. Out of this land Hakim Allah Ditta by an agreement (Exh. P. H. H.) dated 1st March 1961, sold 11 bighas of land to Allah Ditta Hajam, father…