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Criminal Miscellaneous No. 21831E of 1982, decided on 21st September, 1982.

-- S. 497-Bail-(Murder case)-Petitioner responsible for causing a stab wound in abdomen of deceised leading to his death due to septicemia and septic shock arising from peritonitis Petitioner receiving four injuries during occurrence two on head but no mention of these injuries made in F. I. R. nor in statement of witnesses recorded under S. 161, Cr. P. C.-Petitioner allowed bail, in circumstances.

Masud Butt for Petitioner.

Najamul Hassan Gill for the State.

Ch. Ghularn Murtaza Khan for the Complainant.

Date of hearing : 21st September, 1982.

The petitioner is accused of an offence under section 302, P. P. C. for committing the murder of Inayat. Inayat received a stab wound in his abdomen and died in the hospital three weeks later. He was examined by Dr. Muhammad Rafiq of Sheikupura on 26th August, 1981 soon after the occurrence and Dr. Rafiq found one injury in the abdomen. The post-mortem examination was conducted by Dr. Muhammad Amin Sheikh after the death of Inayat. Dr. Amin found three stab wound injuries on the dead body. Regarding the cause of death Dr. Amin was of the opinion that the death occurred due to septicemia and septic shock arising from peritonitis. A year later, however, the same doctor gave an opinion on 12th August, 1982 repeating his opinion of September, 1981 but adding that the injuries found on the dead body were sufficient to cause death in the ordinary course of nature. It is not known what additional material the doctor had to change or modify his earlier opinion but perhaps the truth will be brought out after .his cross-examination at the trial. What is more significant, however, is the fact that the peti tioner himself has received four injuries including two on the head. He 14as also examined on 26th August, 1981 soon after the medical examina tion of Inayat who was then still alive, but there is no mention of these injuries in the F. I. R. in the statements of witnesses under section 161, Cr. P. C. The learned counsel who has appeared for the complainant has not been able to explain this aspect of the case even today except that the companions of the deceased may have caused injuries to the petitioner. If this was so. then one of the companions, who lodged the F. I. R. should have seen these injuries being inflicted. It is clear that something is being kept from the Court consciously. This something could reasonably be presumed to be such that favours the petitioner. The case therefore needs further inquiry.

For the above reasons the petitioner may be released on bail if he furnishes a bond in the sum of Rs. 20,000 with two sureties each in the like h amount to the satisfaction of A. C., Sheikhupura.

Bail allowed.

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