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Criminal Miscellaneous No. 4166/B of 1973, decided on 14th November 1973.

----S.497(l)‑Bail‑Attempt to murder‑Petitioner alleged to have caused injury with a hatchet on neck of complainant‑Only a diffused swelling not appearing to have caused with sharp‑edged side of weapon, given in medico‑legal report‑Reasonable grounds existing to believe petitioner not guilty of an offence under section 307, P. P. C.‑Case, held, would not fall within prohibition contained in subsection (1) of S. 497, Cr. P. C., in circumstances‑Bail granted. [Bail].

Malik Muhammad Jafar Khan for Petitioner.

Muhammad Idrees for the State.

In this petition for bail in a case of an alleged attempt to murder, the allegation against the petitioner is that he caused injuries to Aziz Aslam, a D. F. O., and some other persons when they were performing their official duties as forest officials.

2. According to the allegations in the F. I. R., the blow on account of which section 307, P. P. C. has been added in the F. I. R. is alleged to have been caused by the petitioner with a hatchet on the neck of the D. F. O. Before admitting this petition, I directed the learned counsel for the petitioner to produce copies of the madico‑legal reports with regard to both the witnesses. The injuries are as follows :‑

Aziz Aslam

"(1) An abrasion 2 ' x 1/4' on the left forearm middle part.

(2) A diffuse swelling 1 x 1' on the right mandible near the angle of the mandible with the abrasion 1/4' x 1/6' in the centre of the swelling. The swelling has extended to the right side of neck.

(3) An abrasion 1 x 1/4" on the left shin upper part.

(4) A bruise 3" x 1" on the right side of neck which is continuously, anteriorly with injury No. 2.

(5) A bruise 1" x 1" on the inner border of right scapula."

Abdul Majid

"(1) Incised wound 1/3 x 1/6" x skin deep on the inner side of righC7 index finger near the base.

(2) An abrasion 4 x 1" on the left side of back upper part.

(3) He complains of pain on the lower part of back."

Two of the injuries were kept under observation but after X ‑Rays all have been declared simple.

3. It appears from the particulars of injury No. 2 of Aziz Aslam noted above that it was a diffuse swelling 1 x 1' with an abrasion 1/4" x 1/6" in centre thereof. The swelling extended to the right side of the neck. Prima facie, it is argued, the injury does not appear to have been caused with a hatchet. And in any case it is contended the accused, who allegedly used the hatchet‑from sharp‑edged side on Abdul Majid,. if he wanted to kill Aziz Aslam, could have used the same sharp‑edged side while inflicting injuries on his (Aziz Aslam's) neck. The very fact that he did not use, the sharp‑edged side, in the circumstances of this case, requires further consideration/enquiry as to whether he intended to cause death of Aziz Aslam.

4. In view of the above discussion it is not necessary to go into the question whether in the circumstances of the case neck would be considered as a vital part of the body in so far as the infliction of an injury with a blunt weapon is concerned. I am not satisfied that reasonable grounds exist to believe that the petitioner is guilty of an offence under section 307, P. P. C. His case does not fall within the prohibition contained in subsection (1) of section 497, Cr. P. C. The petitioner is already in custody for the last about three months. This petition is allowed. He shall be released on bail if he furnishes bail bond in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of the learned trial Magistrate.

Petition allowed.

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