Law: Penal Code (XLV of 1860)

Section: 325/149

(a) Penal Code (XLV of 1860) Ss. 325/149-Principal accused conceding his water-course dispute with complainant-Complainant receiving no less than seventeen injuries---Prosecution witnesses disinterested and supporting prosecution version against all except accused M-No satisfactory evidence of accused M having fired twice at complainant Material discrepancies between statement of witnesses in respect of part played by accused M and improvements also made in statements-No pistol (crime weapon) recovered from such accused-Conviction of M set aside---Case against rest of accused, held, established and satisfactorily proved, hence, their conviction maintained. (b) Penal Code (XLV of 1860) Ss. 325/149-Sentence-First Information Report lodged on 7th August 1967 and trial concluding on 29th January 1973 Case remaining pending for nearly 6 years-Sentences of accused reduced to terms of imprisonment already undergone and fine also reduced. Date of hearing : 17th October 1973.                                                                                                              JUDGMENT Muhammad Ibrahim, Muhammad Sarwar, alias Bhudhu, Muhammad Aslam, Qasim, Haider and Muhammad Ranizan residents of Chah Jhalwala, Pakpattan, District Sahiwal, have been convicted and sentenced to two years rigorous imprisonment under section 325 read with 149 of the Pakistan Penal Code and to a fine of Rs. 500 each and in default of payment to-further undergo six months' rigorous imprisonment each. They have also been sentenced under section 148 of the Pakistan Penal Code to one year's rigorous imprisonment each. Half of the tine, if realised, is ordered to be paid as compensation to Barkat Ali complainant (P. W. 1). The convicts appealed against their convictions and sentences. The Additional Sessions Judge, Sahiwal, on 23rd July 1973, dismissed their appeal. Their revision petition is before me. 2.…