'Criminal case F.I.R. No,150, dated 12-10-1993 under sections 430/148/149, P.P.C. Was registered at Police Station Ganjial, Distrcit Khushab against Muhammad Sher and others, respondents herein.
The allegations against the accused was that they had damaged the irrigation channel, which was used by the complainant party for irrigating their lands.
2. The Trial. Court disbelieved the evidence led at trial on the ground that there were contradictions in the statements of witnesses and that it was nowhere proved that the water channel was used as irrigation channel by the complainant party for their lands.
3.The complainant had originally filed appeal before Sessions Judge Khushab, which was disposed of on account of lack of jurisdiction. The complainant-appellant ubsequently filed under consideration appeal4. Learned counsel for the parties in which notice was issued to the respondents by order dated 20-3-1995.
4. Learned counsel for the parties have been heard today.
5. The record reveals that the embankment of a natural rainy water channel was broken due to rains. There is no evidence which would warrant the view that the channel was damaged by the accused. The conclusion drawn by the Trial Court in this regard has been found to be correct. It was allo not established on the record that the rainy nullah was used as irrigationchannel by the complainant party. The accused respondents were rightly acquitted by the Trial Court.
6. Dismissed.