The seven respondents, out of whom Ghulam Muhammad has since died, were tried for the alleged commission of offences punishable under section 307/148/149, P.P.C.; were convicted and sentenced as under: Under section 148 P.P.C.
One year's R.I Under section 307/149 P.P.C.
Two years' R.I. With a fine of Rs.1,000 or sufferance of six months' R.1. Except to Manzoor respondent who was sentenced to three years' R.I. Under the said charge with the same fine as above- mentioned.
This was vide judgment dated 6-12-1982 of a learned Magistrate, Section 30 of Faisalabad.
2. In appeal, a learned Additional Sessions Judge at Faisalabad, vide his judgment, dated 21-1-1985 extended the benefit of doubt to ail the respondents and acquitted them of all the charges levelled against them.
3. Azam P.W. Challenges the acquittal of the respondents through this petition.
4. The learned counsel for the parties have been heard.
5. According to the prosecution case, the seven respondents out -of whom, Manzoor was allegedly armed with a Barchhi and the remaining were. Armed with Lathis, had attacked the complainant party for avenging the disgrace of one Ghulam Haider who is the father of Liaqat and Shaukat respondents and an uncle of the remaining respondents and had, during the course of this assault caused injuries on the persons of Yasin, Amin, Ashiq and Azam P.Ws.
6. The defence plea at the trial was that the cattle of the complainant party had trespassed into Killa No.8, which was in possession of Ghulam Qadir and Ghulam Haider, whose sons and nephews are the present respondents and the said cattle had damaged the paddy crop grown in the said field.
7. The defence had further claimed that the said Ghulam Haider and Ghulam Qadir alongwith Manzoor and Liaqat respondents had rounded up the said cattle and were taking the same to the Phatak (cattle. Pond) and just as they were passing from near the Dera of Sadiq complainant alongwith the said cattle, they were, attacked by the complainant party resulting in. Injuries to Ghulam Qadir above-mentioned and Liaqat and Manzoor respondents who then retaliated in self- defence resulting in injuries to the P.Ws.
8. Yasin, Amin, Ashiq and Azam P.Ws. Were medically examined who had received a total number of seventeen injuries on their persons, caused by blunt and sharp-edged weapons out of which, only one on the arm of Azam was grievous.
9. Ghulam Qadir and Liaqat and Manzoor of the accused party had also been medically examined and had also received blunt and sharp-edged weapon injuries out of whom, one received by Liaqat had been declared grievous.
10. White acquitting the respondents, the learned appellate Court was influenced by the fact that the complainant party had completely suppressed the injuries received by the accused party in the occurrence in question; that the two places from where the blood-stained earth had been seized were on the roadside at a considerable distance from the Dhari of Sadiq complainant; that no injury received by the accused party was caused by the Barchhi as alleged; that the defence had taken-up this plea raised by them at the very beginning of the investigation and finally that in the circumstances, the prosecution case was not free from doubt.
11. The learned counsel for the petitioner has not been able to demonstrate any perversity or arbitrariness in the findings recorded by the learned appellate Court which findings arc obviously well-reasoned and well-founded, both in facts and in law. The defence plea, which is supported by the medical evidence; the recovery of blood-stained earth and other material is a version which is not only reasonable but is even believable as against the prosecution case.
12. Consequently, I find no merit in this petition, which is accordingly dismissed.