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Criminal Misc. No. 4282‑B of 1973, decided on 14th November 1973.

‑‑ S. 498‑Bail‑Murder case registered by police under S. 304, P. P. C. because of murder having been committed in exercise of right of private defence and prosecution branch of police thinking case covered by one of Exceptions to S. 300, P. P. C. Prima facie case for bail, held, made, out‑Accused allowed to be enlarged on bail‑Penal Code (XLV of 1860), Ss. 304 & 300.

Kh. Gul Muhammad Butt for Petitioners.

Miss Gulshan Ara for the State.

Muhammad Ahmed Khan, S. I. of P. S. Pattoki with Record.

Nawab Din, petitioner No. 2, got registered a case under sections 302, and 307 read with section 34, P. P. C. against Dara son of Rajada and Ashiq, on 9‑5‑1973 at Police Station Pattoki. It was stated in the F. I. R. by him that Data son of Rajada was armed with a pistol and Ashiq was armed with a dang. They caused injuries to Sardara son of Noor Muhammad with their respective weapons. As a result Sardara son of Noor Mohammad died. Anwar petitioner No. 1 brother of the deceased se well as Nawab Din, petitioner No. 2, in an attempt to rescue the deceased from the clutches of the assailants and in self‑defence, gave injuries to Dara son of Rajada and Ashiq: All these facts were narrated by Nawab Din, petitioner No.' 2, in the F. I. R. lodged by him. Dara son of Rajada, after ten days; died of the injuries sustained by him at the hands of the petitioners. However the challan was put up against Data son of Rajada (since deceased) and Ashiq on the basis of F. I. R. got registered against them by Nawab Din petitioner No. 2 on 9‑5‑1973. While the matter was pending in the Prosecution Branch, P. I. suggested that a case under section 304, P. P. C. should also be registered against the petitioners as they had caused the death of Data son of Rajada in self -defence. A case against the petitioners was accordingly registered under section 304, P. P. C. on 6‑7‑1973.

2. Learned counsel for the petitioner contends that the record clearly indicated that prima facie a case bas been registered against the petitioners under section 304, P. P. C. because in exercise of their right of self‑defence they caused the death of one of the assailants, namely Dara son of Rajada, against whom Nawab Dan, petitioner No. 2, bad got a case registered under section 302, P. P. C. Learned counsel for the State is not in a position to controvert this position because the registration of the case under section 304, P. P. C. against the petitioners indicates that the Prosecution Branch, prima facie, thinks that the case of the petitioners was covered by one of the Exceptions to section 300, P. P. C. I do not wish to comment on the quality of evidence at this stage, but, I am of the view that, prima facie, a base for bail is made out for both the petitioners. They are accordingly admitted to bail subject to their furnishing security amounting to Rs. 5,000. (Rupees five thousand) each with one surety each of the like amount to the satisfaction of the Assistant Commissioner, Chunian. This petition stands disposed of.

Bail allowed.

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