Law: Pakistan Penal Code (XLV of 1860)

Section: 304 (2), 325,323

Keywords: Parties, Unlawful, Information, Prosecution, Evidence, Place, Unlawful Assembly, Guilty, Liability, Common Object, Imprisonment, Benefit Of Doubt, Defence, Order, Offences, InvestigationResult: Appeal acceptedJUDGMENT All the eight appellants had been tried along with Ali Hassan and Muhammad Yousuf. Ali Hassan and Muhammad Yousuf have been acquitted. Out of the present appellants Kamal and Mevo were convicted under section 304 (2), P. P. C. and sentenced to suffer- rigorous imprisonment for seven years each. The appellant Shaman has bean convicted under section 325, P. P. C. and sentenced to suffer rigorous imprisonment for two years. The rest of the five appellants have been convicted under section 323, P. P. C. and sentenced to suffer rigorous imprison ment for twelve months each. They have filed this appeal. 2. The facts of the prosecution case briefly are that an 7th December 1965, there was a fight between Piral and Ali Hassan on the turn of water on account of which four appellants, namely, Ali Hassan, Hidayatullah, Shaman and Muhammad Yousuf had given injuries to Piral. As Khanan and others were going to lodge a report at Ratodero Police Station they were attacked by the present appellants and the acquitted accused. In the fight that ensued between the patties all the prosecution witnesses, namely, Khanan, Jan Muhammad, Piral, Sher Muhammad, Arbab, Sadar, Bahadur and Shaman received injuries. Jaro, who was along with them, had also received injuries but he succumbed to them. On the side of the appellants, Kamal, Khanan and Lakhmir received injuries. Khanan P. W. 2 then lodged his first information report Exh. 7, at 5-30 p.m, the incident having occurred at noon time, at Ratodero Police Station, which was at a distance of three miles from the scene of offence. Kamal also filed a counter first information report Exh. 26, at 5-45 p.m. at the same police station. The police after the usual investigation sent up the accused in both the cases. The accused in the counter case which started on the first information report of Kamal were acquitted whereas the appellants in this case have been convicted. 3. The appellant Kamal when…