1994 P Cr (PLP)

Date of hearing: 27th September, 1993. SH. IJAZ NISAR, J. -- This is a State appeal under section 417, Cr.P.C. against the judgment dated 1-10-1991 passed by the learned Sessions Judge, Kasur whereby Muhammad Iqbal, Muhammad Akram and Ghulam Rasool were acquitted from a case under section 302/307/34, P.P.C. pertaining to the murder of Muhammad Din deceased murderously assaulting Allah Ditta P.W. over a land dispute on 19-10-1989.

2. The prosecution examined Muhammad Hussain P.W.9 and Asghar P.W.10 as eye-witnesses.

3. The prosecution case is that Muhammad Din deceased; younger brother of Muhammad Hussain complainant owned some land in village Kharapper. He also used to cultivate the land belonging to his cousin Muhammad Ismail on Betai. Muhammad Ismail reportedly sold 5 Kanals of his land in favour of Ghulam Rasool etc, respondents. Muhammad Din deceased and his brother pre-empted the said sale. However, the possession of the said land remained with Muhammad Din deceased. On the date of occurrence, the deceased accompanied by this brother Muhammad Hussain complainant went to have a round of his fields when Muhammad Iqbal armed with a hatchet, Ghulam Rasool and Muhammad Akram respondents armed with Sotas were found watering the land in dispute. Muhammad Din deceased asked them not to water the disputed land, on which they attacked him with their respective weapons. Allah Ditta P.W. tried to interfere but he was also given stick blows by the respondents.

4. The respondents maintained that they were in possession of the disputed land and denied to have taken any steps towards its forcible occupation. According to their version, Muhammad Akram respondent had gone to the land which was being watered by his servant. Muhammad Din deceased alongwith others attempted to take forcible possession of the same and caused injuries to Muhammad Akram whose servant also retaliated. Ghulam Rasool respondent stated that he was found innocent by the police during investigation.

5. Muhammad Akram respondent produced his medico-legal report, according to which he had suffered four injuries caused by sharp and blunt weapons.

6. The learned trial Court came to the conclusion on the basis of the evidence of Bashir Ahmad, Patwari that the disputed Khasra was under the cultivation of Ghulam Rasool etc. respondents. The learned trial Court also came to the conclusion that the prosecution version about the place of occurrence was discrepant. Non-examination of Allah Ditta P.W. the injured P.W. was also considered as a suspicious circumstance. The learned trial Court found the eye-witnesses to be interested and their evidence discrepant. The trial Court held the deceased responsible for the initiation of the occurrence who wanted to take forcible possession of the disputed land.

7. We have heard the learned Assistant Advocate-General, Punjab and find that the conclusion arrived at by the learned trial Court are supported by the material on record. The defence version was rightly considered plausible and reasonable. The presence of injuries on the person of Muhammad Akram respondent lends corroboration to the defence plea.

8. The learned trial Court has made a proper assessment of the evidence and given sound reasons in support of its conclusion. No miscarriage of justice seems to have taken place in the acquittal of the respondents. In the circumstances, we do not find any force in the appeal and accordingly, dismiss the same. N-H.Q./S-393/L Appeal dismissed.