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Criminal Miscellaneous No. 2336-B of 1982, decided on 18th October, 1982.
-- S. 497-Bail, grant of-[Murder-case]-Petitioner attributed no injury to deceased, and allegedly only held deceased by legs while co-accused inflicted him a hatchet injury, proving fatal-Deceased asleep at time of occurrence and whether petitioner at all required to hold deceased by legs a begging question and a point for consideration-Petitioner also found innocent during investigation of case-Petitioner allowed bail, in circumstances.
Hassan Ahmad Khan Kanwar for Petitioner.
Ch. Muhammad Hussain for the Complainant.
Muhammad Rashid for the State.
Date of hearing : 18th October. 1982.
According to the prosecution version, the petitioner had held the deceased by the legs at the time of occurrence, whereas co-accused Muhammad Nawaz had inflicted hatched blow to the deceased on the neck. The blow was given with such a force that half of the neck had been cut. This injury was sufficient to cause death in the ordinary course of nature. Besides the petitioner, Muhammad Abbas was also named in the F. I. R. He carried a rifle at the time of occurrence. He did not fire any shot at the deceased. He has been admitted to bail by the learned Additional Sessions Judge.
2. The learned counsel for the petitioner submits that the petitioner was found innocent during the investigation of the case, although he was challaned on account of the statements of the prosecution witnesses.
3. I have gone through the case diary. The case of the petitioner was that he was present at his thrashing floor in village Khatwan at a distance of about thirty miles from the spot of occurrence. He led evidence in support of his plea before the investigating officer. The investigating officer found him innocent. The case was also investigated by the S. D. P. O., who, agreed with the finding of the Sub-Inspector. No specific injury had been attributed to the petitioner and according to the prosecution case, he had held the deceased by the legs at the time of occurrence.
4. The learned counsel for the complainant submits that some injuries had been found on the legs of the deceased and it was a corroboration of the prosecution version. Whether or not the petitioner was required to hold the deceased by the legs is a point for consideration because the deceased was asleep at the time of occurrence and the injury inflicted by Muhammad Nawaz with hatchet proved fatal. Keeping in view that the petitioner was found innocent during the investigation of the case and he had not inflicted any injury to the deceased and was alleged to have held the deceased by the legs, I admit him to bail in the sum of Rs. 50,000 (Rupees Fifty Thousand), with two sureties in the like amount to the satisfaction of Assistant Commissioner, Okara.
Bail allowed.
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