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Criminal Miscellaneous No. 949/8 of 1976, decided on 3tb April 1976.

S.497‑Bail‑(Murder case].‑No Injury of deceased attributed to petitioners and petitioners only responsible for simple injuries to prosecution witnesses‑Petitioner having large number of injuries including head injuries, while deceased had two bruises and death resulting from rupture of enlarged spleen‑Affair, held, not appearing to be one‑sided, in circumstances‑‑Petitioners granted bail.‑[Bail.

D. M. Arbey for Petitioners.

Rezwan A. Sherwani for the State,

Ghulam Nabi, Khadim Hussain and Ellahu petitioners have moved this petition for bail in a case registered against them and others under sections 14% 307, 440, 302/149 of the Pakistan Penal Code.

2. The case of the prosecution is that on 2b‑8‑14i at about 11 a.m., the petitioners and their co-accused Haider. Jiru and Zahoori were grazing their cattle in the field of Miran Bakhsh complainant, Ghulam Nazuk son of Miran Bakhsh asked them to take away the cattle, whereupon co‑accused Haider injured him with a dung Ghulam Nazuk apprised his elders of the incident whereupon Miran Bakhsh complainant, Hussain Bakhsh deceased. Farid Bakhsh and Piran Ditta went to the field and asked the petitioners and their co‑accused to take away their animals the petitioners and their co‑accused who were armed with lathes, attacked them. Co‑accused Jiru is alleged to have inflicted lathe blow on the abdomen of the deceased as a result of which he fell down. Then he and Zahoori accused gave him more lathi blows. Haider, Jiru and Ellahu petitioner injured the complainant while Ghulam Nabi alias Nabia, Khadim Hussain and Ellahu petitioners caused injuries to Farad Bakhsh and Piran Ditta P. Ws. The complainant party also caused injuries to the accused persons.

3. The learned counsel for the petitioners contends that the injuries of the deceased are not attributed to the petitioners and the only allega tion against them is that they caused simple injuries to the P. Ws. He further states that the petitioners and their co‑accused received a large number of injuries at the hands of th: complainant party which shows that it was a case of free fight, therefore, each accused is responsible for big individual act He also states that the deceased sustained only two bruises and the death had occurred due to the rupture of the enlarged spleen therefore, there are no reasonable grounds for believing that the accused have been guilty of an offence punishable with death or imprisonment for life or imprisonment for ten years.

4. A plain reading of the F. I. R shows that the complainant party came to the spot on being apprised of the beating given to the Ghulam Nazuk by Haider, co‑accused of the petitioner Ghulam Nabi petitioner had eleven injuries on his person out of which live were on the head. Manzoor alias Jiru had two injuries out of which one w3a on the forehead and Hazoor Bakhsh alias Zahoori had eight injuries, out of which four were on the head. The deceased had only two bruises one on the left lumber area and the other on the left shoulder back. The post‑mortem report reveals' that, he had enlarged spleen which sods torn. No injury of the deceased its attributed to the petitioners. A large number of injuries on the accused persona lends support to the contention that it was not a one sided affair. The injuries attributed to the petitioners are simple in nature. In view or the above circumstances, I admit them to bail in the sum of Rs. 10,00C (ten thousand) each with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Rajanpur.

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