1991 P Cr (PLP)

Muhammad Sharif Butt for the State. Date of hearing: 20th February, 1991. Ghulam Ali, Mubashir, Naseer Ahmad and Anwar petitioners were tried under section 452/323/34, P.P.C. on the charge of committing house trespass after having made preparation to cause hurt and of giving injuries to Mst. Rasoolan on 15-8-1980.

2. To prove its case prosecution produced 5 witnesses. Muhammad Ishaq P.W.1, Mgt. Rasoolan Bibi P.W.2 and Gul Zaman P.W.3 are the eye-witnesses of the occurrence. They stated that Ghulam Nabi and Mubashir duly armed and Nasir and Anwar petitioners empty-handed had trespassed into the house of Muhammad Ishaq P.W.1 and Ghulam Ali and Mubashir had given injuries to Mst. Rasoolan Bibi. Dr. Altaf Hussain stated that on medical examination, he found 2 injuries on the person of Mst. Rasoolan Bibi. When examined under section 342, Cr.P.C., the petitioners denied the incriminating circumstances and raised the plea of false implication on account of enmity. They did not produce any witness in defence. They, however, produced photostat copies of civil suits marked `1 to 6'. On the conclusion of the trial, the petitioners were convicted under section 452, P.P.C. and sentenced to 2 years' R.I. each. Ghulam Ali and Mubashir were also convicted under section 323/34, P.P.C. and sentenced to six months' R.I. each with the direction that the sentences shall run concurrently. The appeal filed by the petitioners against their conviction and sentence was dismissed by the learned Additional Sessions Judge, Sargodha on 25-5-1982, hence this revision.

3. At the time of admission, the present revision was dismissed to the extent of Ghulam Ali and Mubashir and was admitted only to the extent of Nasir and Anwar petitioners.

4. No one has appeared for the petitioners. Since the revision after having been admitted to regular hearing cannot be dismissed for non-appearance, so I have examined the material available before me with the assistance of the learned counsel for the State. I rind that the petitioners were not armed when they allegedly entered into the house of the complainant. They have not been convicted under section 323/39., P.P.C. The language of section 452, P.P.C. will show that whoever after having made preparation to cause death enters into the house commits offence punishable under section 452, P.P.C. The section may be reproduced advantageously:-- Section

452. P.P.C. `Whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine'. The plain reading of this section will show that a person committing house trespass empty handed cannot be convicted under section 452, P.P.C. For what has been said above, the revision is accepted. The conviction and sentence of Nasir and Muhammad Anwar petitioners is set aside. They are on bail. They stand discharged of the bail bonds. N.H.Q./G-438/L Revision accepted.