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Criminal Bail Application No.91 of 1984, decided on 27th February, 1984.

---S. 497/498--Penal Code (XLV of 1860), S.302-- Bail Incident taking place due to quarrel over cattle trespass--Deceased allegedly struck down by means of blunt weapon--Only injury caused on his head proving fatal and no specific injury assigned to any of accused in First Information Report--Nature of offence yet to be determined after appraisal of evidence --Bail granted.

Aijaz Ali Shah for Applicants.

Zawar Hussain Jaffri, Asstt.A.-G. for the State.

The three applicants Gul Muhammad alias Gullo, Sarwar and Makhan are alleged to have assaulted and given blows by means of blunt weapon to one Muhammad Hashim son of Loung on 12th March, 1983 quarral over trespassing by their bullocks in his field. The victim could not withstand the violence and he died on the next day. The applicants have been challaned to stand trial for having committed an offence punishable under section 302 read with section 34, P.P.C.

The learned counsel for the applicant has urged that the three applicants are alleged to have struck the deceased by means of Lathis but the post-mortem report discloses that only one injury described as lacerated wound 2.5 c.m. x 2.5 c.m. has found on his right temporal region. He has, therefore, advanced the argument that the medical evidence is not in conformity with the ocular evidence and the applicants are entitled to the benefit of bail in the light of cases 1983 P Cr. L J 408 and 2443. The learned counsel has further urged that it cannot be said as to which of the applicants was responsible for having caused fatal injury. He has relied upon 1980 S C M R 784: 1983 P Cr. L J 17 and 1984 P Cr. L J 436, where bail was granted in such circumstances. On the other hand, the learned Asstt. A.-G. has opposed the application on the ground that there is ocular evidence against the applicants and there is no inconsistency between the medical evidence and the ocular evidence as the deceased was first referred to the Medical Officer, Pano Akil who had certified that the deceased had suffered three injuries, one of which was caused on his head. He has contended that the witnesses have specified, in their, 164, Cr.P.C statements, the part played by each of the accused.

It is the prosecution case that the incident took place due to quarral over cattle trespass. The deceased is alleged to have been struck by means of blunt weapons. Only one injury caused on the head of the a deceased proved to be fatal. No specified injury was assigned to any of, the applicants in the F.I.R. Nature of the offence has to be determined after appraisements of evidence. Bail is granted in the sum of Rs.25,000 with one surety to each of the applicants to the satisfaction of the Sessions Judge. Sukkur.

M.Y.H. Bail granted.

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