' Sajwara (30) was convicted under section 324, P. P. C. For causing hurt to Bashir with a hatchet. On 17-9-71, Additional Sessions Judge, Sahiwal, sentenced him to six months' R. I. Hence this appeal.
2. It may be mentioned here that since in the subsequent incident, the appellant and his brother were accused of the murder of Shahan, therefore, this case was committed along with the main case for trial.
3. Prosecution case is that in the morning of 30-12-69, Bashir was grazing his cattle, his calf trespassed into the grain field of the accused and caused damage to the crop. The accused protested and gave a hatchet blow to Bashir which hit his ring finger. P. W. Hasham appeared on the scene and separated them. Bashir then went to his father, who did not bother him but in the afternoon, Bashir, his father Sultan and Shahan (deceased) went to lodge a protest to the accused who attacked them as a result of which Shaban was killed. A separate challan under section 324, P.
P. C. Was put up against the accused for the injuries caused to Bashir P. W. In my view, this incident of hurt caused to Bashir should have been tried by a Magistrate. However, besides the statement of the injured namely, Bashir, there is no other evidence worth the name because the only other eye- witnesses P. W. Hasham produced by the prosecution was declared hostile. Even otherwise it is in evidence that the calf damaged the croand under these circumstances the accused had the right to round up the calf for impounding it at the cattle-pound. Resistance caused by Bashi extended a right to the accused to meet it. The alleged harm caused to Bash" did not show that the accused had exceeded the right. In this view of th matter, I accept the appeal, set aside the conviction and sentence of th appellant and acquit him.