Law:

Section:

Keywords: High Court, Imprisonment, Appeal Against Acquittal, Leave, Information, Land, Period, Prosecution, Investigation, Judgment Of The Trial Court, Presumption, Question Of Fact, Offences, Practice, Procedure, Absence Of Witnesses, Registered, Evidence, Disclose, Defence Witness, Testimony, Place, Trial Court, Set Aside, Assault, Compensation, Tenancy Rights, Custody, Satisfaction, Finding Of Fact, Failure, Consideration, Delay, Privy Council, Cross-Examination, Claims, Defence, Examination, Dispute, Fine, Guilty, Grounds, Division, Prosecution Witness, Order, Magistrate, Presumption Of Innocence, Recognition, Parties, Benefit Of Doubt, Tenancy Result: Appeal accepted JUDGMENT ABDUL HAYEE KURESHI, J.-On the completion of hearing of this appeal we had, by a short order, allowed the same and set aside the judg ment of acquittal of accused/respondent Abdullah and Mohammad Hassan for offences under section 32/34, P.P.C. And 324/3-4, P.P.C. And sentenced each one of them to imprisonment for two years and to pay a fine of Rs. 1,000 (in default further imprisonment for six months). We have ordered that the fine, if released, may be paid as compensation to injured complainant Ghulam Abbas. The reasons for the short order presently follow. 2. The facts of the case are that respondents Abdullah and Mohammad Hassan used to reside in village Zakario Mahesar. They suspected complainant-injured Ghulam Abbas to be on terms of illicit intimacy with Mst. Bachul, who is the paternal aunt of respondent Abdullah and a sister of respondent Mohammad Hassan. It seems that for the reason of such intimacy respondent Abdullah had shifted from the village Zakario Mahesar to village Warwara Bhutta in Taluka Dikri. On 5th April, 1972 at about 8 a. m. Ghulam Abbas complainant while going towards the east of Zakario Mahesar village to ease himself, passed by the houses of respondents Abdullah and Mohammad Hassan who gave a hakal to him, stating that "he had enjoyed so many days" and immediately thereafter both of them gave hatchet blows to him. Cries were raised by Ghulam Abbas which attracted witnesses Rajab Ali, Ramzan and Rehmatullah. Some other villagers also came there. Each one of…

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