Law:

Section:

(a) Penal Code (XLV of 1860)- S. 302 read with Criminal Procedure (V of 1898), S. 410-Appeal (criminal)-Murder-Evidence, appreciation of-Mitigation-Accused side having no locus standi to- obtain possession of disputed land from deceased, being in his actual physical possession-Deceased and his partisans coming unarmed and none on accused-side even suffering a bruise-Accused, however, coming out of house only on call of his elders - Conviction maintained - Lesser penalty awarded by trial Court, held, calls for reference and upheld, in circumstances,-­[Sentence]. Shibab Din v. The State P L D 1964 S C 177 ref. (b) Criminal Procedure Code (V of 1898)- S. 417 read with Penal Code (XLV of 1860), S. 302-Murder­Appeal against acquittal-Evidence, appreciation of-None on side of accused carrying any formidable weapon while committing criminal trespass and forcibly ploughing land in dispute-Incident developing on deceased's arriving at spot, his taking objection to illegal ploughing of land and on call of accused, co-accused bringing gun and indulging in firing at deceased-Responsibility of firing and consequential death of deceased, held, that of co-accused alone and he alone responsible for consequences-Mere fact that accused, filed no appeal against their conviction under S. 447/34, P. P. C., held further, would not mean that accused accepted their guilt-Appeal dismissed in circumstances of case. JUDGMENT AFTAB FARRUKH, J.-Niamat (appellant in Cr. A. No. 257 of 1975), along with Allah Din, Riaz and Qasu (respondents in Cr. A. No. 608 of 1975), were tried by Ch. Muhammad Sharif, Sessions Judge, Sahiwal, for the murder of Mauj Din and attempted murder of Rehm Ali (P. W. 9) as well as for criminal trespass over the land which was in possession of Mauj Din deceased. The learned Sessions Judge convicted Niamat appellant under section 302, P. P. C. and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 2,000, in default thereof to suffer simple imprisonment for six months. Allah Din, Riaz and Qasu accused were convicted under section 447%34, P. P. C. and each one of them was sentenced to pay Rs. 200, or in default to suffer one month's simple…

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