MUHAMMAD YAR Versus THE STATE Malik Allah Yar Khan , Altaf Muhammad Khan for the State.

Muhammad Yar and other petitioners stand convicted under section 448, P.P.C. and sentenced to six months' R.I. each.

2. The prosecution case was that the petitioners committed criminal trespass into the shop of Ahmad Hassan complainant. They denied the charge and claimed to be tried.

3. Prosecution produced four witnesses. Ahmad Hassan P.W.1, Shaukat Ali P.W.2 and Muhammad Yaqoob P.W.3 are the eye‑witnesses of the occurrence. They stated that the petitioners entered into the shop and fixed a door in it. When examined under section 342, Cr.P.C., the petitioners denied the incriminating circumstances. They produced Muhammad Shafi in defence.

4. Learned counsel for the petitioners submitted that since there was no door in the shop, therefore, the petitioners could not have been convicted under section 448, P.P.C. Learned counsel for the State is not in a position to controvert him.

5. I have considered the matter carefully. I find that when the petitioners allegedly entered into the shop, there was no door in it, so it was not a building A for the purpose of criminal house trespass punishable under section 448, P.P.C. So, the revision is accepted and the petitioners are acquitted of the charge.

SA./M‑3031/L Petition accepted.