Law: Criminal Procedure Code (V of 1898)

Section: 439

Criminal Procedure Code (V of 1898) — ------ S.  439—Acquittal—Order   of—Revision  against—High   Court— Exercise of jurisdiction by—Held : Revisional jurisdiction to be exercised sparingly and solely in cases involving misreading of evi­dence or where material injustice be caused by acquittal of accused— Judgment in case based on proper appraisal of oral as well as documentary evidence on record and no illegality or infirmity pointed out—Complainant also remaining negligent in prosecution of case in High Court for almost ten years — Held : No material injustice having been done to complainant, revision against acquittal to be dismissed in limine. [P. 305]/4, B & C ORDER Pehalwan complainant filed this revision against the acquittal of Ahmad Khan and six others from the charge under section 447/148 P.P.C. by order dated 13-5-1972, passed by learned Sessions Judge, Jhang. 2. The prosecution case was that there was consolidation of land holdings in village Cbauri Moon, District Jhang about twelve years before the registration of the case. 5/6 years after the above consolidation, there was consolidation of land holdings'in village Bela Bangash. It was alleged that the land in village Chauri Moon was allotted to Mian Ghulam Haider. During the consolidation proceedings of village Bela Bangash, it transpired that the demarcation of the two villages, namelyt Chauri Moon and Bela Bangash had not been correctly done. The accused Ahmad Khan etc., therefore, challenged the proceedings before Consolidation Authorities as a result of which the learned Additional Commissioner (Consolidation) directed that demarcation of boundaries of five villages including the two mentioned above should be undertaken afresh. It is alleged by the prosecution that without waiting the result of the demarcation, the accused Ahmad Khan etc. forcibly entered in possession of the land belonging to Mian Ghulam Haider and given to him in consolidation of land holdings of village Cbauri Moon. The accused were convicted by the Ilaqa Magistrate under section 447 P. P. C. vide order dated 31-5-1971.…