Law: Criminal Procedure Code (V of 1898)

Section: 439

Criminal Procedure Code (V of 1898) S. 439--Revision (criminal)-Evidence, appreciation of ---Parties suddenly fighting with each other over dogs fight and causing injuries to each other but more injuries including grievous, caused to side of applicant-Testimony of prosecution witnesses contra dictory and independent witnesses not providing any evidence as to who was aggressor-Interference, with order of acquittal declined, in circumstances.--[Evidence]. Date of hearing: 11th March, 1980.                                                                                                                                        JUDGMENT This is an application in revision against the order of acquittal recorded by Resident Magistrate, Kandiaro on 31stOctober 1976, acquit ting all the 4 respondents in the case. On 20th December. 1974 at 6.15 p. m. F. I. R. was lodged by Nawab Ali the present applicant against the respondents under sec tion 324/504, P. P. C. alleging that the dog of the complainant and the dog of Umer Din respondent fell out with each other and his son Roshan Ali cut out a stick from cotton cultivation to separate the two dogs upon which Umar .Din came running with a lathi and gave lathi blow to Rooshan Ali. Thereupon complainant went running and his son Khair Din also came and remonstrated with Umer Din upon which Sadruddin respondent came armed with hatchet and Roora and Ali Mohammad came armed with lathi. Unter Din gave lathi blows to the complainant, Roora and Ali Mohammad gave lathi blows to Rooshan Ali and thereafter Burkat and Mukhtiar Malik came and rescued them, they also saw that Khairdin had hatchet injury in the head and Rooshan Alt had lathi injury on his head and other parts of his body. On the same day the other party had also lodged an F. I. R. through Roora at the same police station 15 minutes after the…