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Criminal Miscellaneous No. 2025-B of 1982, decided on 24th August, 1982.

-- S. 497-[Murder-case]-Question whether occurrence one or two separate occurrences, as alleged in F. I. R. and whether petitioner acted in exercise of his right of self-defence, calling for further inquiry-A case, held, made out for grant of bail to petitioner, in circumstances.

Pir S. A. Rashid for Petitioner.

Ch. Muhammad Ibrahim for the State.

Date of hearing : 24th August, 1982.

This is a petition under section 497/498, Cr. P. C. by Manzoor Hussain, petitioner, for grant of bail in respect of a case instituted against him under section 302, P. P. C, at Police Station Lohari Gate,. Lahore, on 2nd April, 1982.

2. The prosecution case in brief is that Manzoor Hussain, petitioner and Aslam. deceased, had a scuffle in the street over the "pecha" of their kites. Muhammad Munir and Muhammad Tariq P. Ws. Intervened and .............separated them. Manzoor Hussain, petitioner, then went home, whilst Zaheer-ud-Din, complainant, Muhammad Munir P. Ws. Muhammad Tariq P. W. and Aslam deceased were busy in the street talking with each other. After a short while, Manzoor Hussain, petitioner, returned with a chhuri and after challenging Muhammad Aslam, deceased that he would not leave him, caught him from his "gareban" and started giving him chhuri blows, Muhammad Aslam, deceased, in self-defence picked up an iron sarya lying nearby and gave a blow with it on the head of Manzoor Hussain, petitioner. Muhammad Munir and Muhammad Tariq P. Ws. intervened and Manzoor Hussain, petitioner, ran away with the weapon of offence.

3. I have heard arguments of the learned counsel for the petitioner and the State. It is contended on behalf of the petitioner that there were no two incidents, as alleged in the F. I. R. but only one and that during the scuffle, Muhammad. Aslam, deceased, and one other injured Manzoor Hussain, petitioner, with an iron sarya and a knife and the petitioner, in self-defence, picked up a chhuri and inflicted injuries with the same on the deceased. In this respect, the learned counsel for the petitioner referred to the medico legal report of Manzoor Hussain, petitioner, which was prepared at 11-30 p. m. on the date of incident, within an hour of the arrest of the petitioner to show that the petitioner had sustained three lacerated wounds on the left parietal region, left, earned left fore-arm and three incised wounds on the middle and index fingers of his right band. The lacerated injury on the ear had cut 1.5 cm. of the upper left extremity, separating the edges of the cartilage. Considering that the petitioner received one lacerated wound 4 cm. x 3/4 cm on the left parietal region and one lacerated wound cutting the left pinna of his ear, the questions as to whether the occurrence was one or two separate occurrences, as alleged in the F. I. R. and whether the petitioner acted in the exercise--of -his right of self-defence, call for further inquiry. In these circumstances, the petitioner has made out a case for his release on bail.

4. For the foregoing reasons, this petition is accepted and Manzoor

Hussain, petitioner, is released on bail, subject to his furnishing security in the sum of Rupees Thirty Thousand (Rs. 30,000) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner/ Duty Magistrate, Lahore.

Bail allowed.

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