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Criminal Revisions Nos. 731 and 882 of 1963, decided on 24th January 1969.

S. 3-- Offences under Ss. 147/148, 447 & 379, P. P. C.‑Jurisdiction of Conciliation Court‑Extends where only 10 persons involved in commission of offence‑Trial of offence committed by 13 persons held by Criminal Court‑Held, legal.

, S. 522-‑Restoration of possession of immovable property‑ Order of restoration can be passed by trial Court.

, S. 439‑Enhance ment of sentence‑Sentence of imprisonment passed six years before and parties related inter se‑Sentence not enhanced, in circumstances of case.

Malik Sher Bahadur for Petitioners.

Nasim Ahmad Khan for the State.

These two petitions are directed against the order of the learned Additional District Magistrate, Jhelum, dated 9th July 1963. In the first petition (Criminal Revision No. 731 of 1963), filed by Sultan Mahmud, Nur Muhammad and Ghulam Ali, they were proceeded against under sections 147/148, 447 and 379, P. P. C. but were convicted under section 447, P. P. C. and sentenced to simple imprisonment for 15 days and fine of Rs. 20'00 each or in default of payment of fine to offer further imprisonment of 5 days each. An order was also passed regarding the restoration of the possession of the land in dispute to the complainant. In the other petition Criminal Revision No. 882 of 1963), the complainant has moved this Court for enhancement of sentence and reversal of acquittal and discharge of the accused. Both these petitions will be disposed of by this order.

2. Briefly, the facts of the prosecution case are that the parties who are relations otherwise, quarrelled over the possession of a piece of land. The matter was reported to the police by Muhammad Aslam on 1st August 1962, the police came on the spot on the following day; arrested both the parties under section 107/51 of the Code of Criminal Procedure and the parties were released on their furnishing bail bonds on 9th August 1962, on which date Muhammad Aslam filed a complaint under sections 379, 447, 147 and 148, P. P. C. against 13 persons. Three of them were discharged by the trial Court and ten persons were convicted on 16th January 1963. On appeal filed by them, the Additional District Magistrate maintained the convictions of Nur Muhammad, Ghulam Ali and Sultan Mahmud under section 447, P. P. C. alone and came to this conclusion because these persons alone had ploughed the disputed land. The order of restoration of possession passed by the learned trial Court was also upheld.

3. Malik Sher Bahadur, learned counsel appearing on behalf of the convicted persons, submitted that the criminal Court had no jurisdiction to try the case, as such offences exclusively fell within the jurisdiction of the conciliation Court under section 3 of the Conciliation Courts Ordinance (XLIV of 1961).

4. I have heard the learned counsel and have examined the relevant provision of law on the subject. The submission is without force as originally 13 persons were involved in the crime. The jurisdiction of the Conciliation Court extended only if 10 persons had committed the offence. The trial being legal, no exception can be taken to the maintenance of conviction of three persons alone by the Appellate Court.

5. The next contention that the trial Court could not pass an order of restoration of possession under section 522 of the Code of Criminal Procedure is equally devoid of force. This section clearly says that such an order can be passed regarding the immovable property by a Court who tried a criminal case in regard to its possession. Since this order cannot prejudice the rights of the interested parties in civil Court, the petitioners can move the Court concerned for the redress, if they have any.

6. Mr. Kamal Mustafa Bokhari, learned counsel appearing on behalf of the complainant wanted me to enhance the sentence of imprisonment awarded to the convicts. I am not persuaded to enhance the sentence after the expiry of six years and especially when the parties are related inter se.

7. Both these petitions fail and are dismissed.

Petitions dismissed.

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