Law: Penal Code (XLV of 1860)

Section: 441,141,147,302,447,96,97

  Penal Code (XLV of 1860)----S. 441-Trespasser in "settled" possession of land-Entitled to defend his possession by force even against rightful owner unless evicted in due course of law Stray or intermittent acts of trespass, however, cannot give trespasser right to possession against true owner.   Mohammad Khan v. The Crown P L D 1949 Lah. 421 and Emperor v. Bandhu Singh A I R 1928 Pat. 124 eel.   Penal Code (XLV of 1860)-----Ss. 141, 147, 302 & 447 read with Ss. 96 & 97-Complainant party (trespasser) coming upon scene of occurrence armed with guns to prevent rightful owner from removing crop-Ensuing fight between parties resulting in one death on side of complainant party and injuries on both sides Complainant party, held, formed an unlawful assembly and by taking initiative were aggressors-Accused party, held, in circum stances of case, had not exceeded right of self-defence.   Penal Code (XLV of 1860)-----Ss. 147, 302 & 447 Evidence of eye-witnesses not consistent with regard to injuries on persons of accused-Names of accused not mentioned' in F. I. R. but in complaint filed three months after incident-Prosecution evidence, held, wholly unsatisfactory-Accused acquitted of charges Co-accused convicts, though not appealing, also acquitted in exercise of suo moto powers of revision under S. 439, Criminal Procedure Code (V of 1898).     Practice-Cross-case--Disposal of two cross-cases by one judgment not illegal-Care muss, however, be taken that each case is disposed of separately on material on its record without reference to material on record of other case--(Obiter).   Dates of hearing: 10th, 11th and 12th February 1965.   JUDGMENT   This appeal is by Raza Mohd. (60), Allahwarayo (35), Karim Bakhsh (25), Rahim Bux (38) and Saindino (25). The first four have each been sentenced to seven years' rigorous imprisonment under section 307, P. P. C., one year's rigorous imprisonment under section 447, P. P. C., and one year's rigorous imprisonment under section 147, P. P. C. Saindino was sentenced to six months' rigorous imprisonment under section 447, P. P. C. and six…