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Criminal Miscellaneous No. 412/13 of 1983, decided on 11th April, 1983.
---S. 497(2)--Penal Code (XLV of 1860), S. 302--Bail, grant of- Petitioner giving only fist blows on face, chest and flank of deceased but no injury found on these parts of his body and no definite cause of death determined on post-mortem examination--Matter, held, one of further inquiry--Petitioner allowed bail, in circumstances.
Muhammad Zawar Shah for Petitioner.
Mazhar Hussain Mohal for the State.
This is an application for bail on behalf of Muhammad Essa petitioner in a case under section 302/34, P.P.C. registered at P.S. Kabula, District Sahiwal, vide F.I.R. No. 203/82, dated 20-12-1982.
2. The prosecution case is that the petitioner alongwith Muhammad Musa co-accused caused the death of Shah Muhammad on 20-12-1982 at 8/9 a.m. in the area of Machi Singh at P.S. Kabula Sharif. As for the petitioner it has been alleged that when Muhammad Musa co-accused caught hold of the deceased, the petitioner inflicted fist blows on the face, chest and flank of the deceased
3. The learned counsel for the petitioner submits that it is not a case of murder inasmuch the post-mortem report shows that the death was not due to the injury found on the person of the deceased.
The learned counsel for the State has not been able to controvert this contention.
4. After hearing the learned counsel going through the record I find from the F.I.R. that the petitioner gave fist blows on the face chest and flank of the deceased but no injury was found on these parts of his body. Only one abrasion on right chin was found by the doctor which according to him is simple. The Doctor has clearly stated that in his opinion, no definite cause of death has been determined on post-mortem examination. Injury No. 1 is simple, inflicted with blunt weapon, ante-mortem and that the result will be intimated on the receipt of the report of Chemical Examiner with regard to the visceras and that the report of the Chemical Examiner has been received wherein poison has not been detected.
Without making any expression lest it may prejudice the merit of the case I am of the opinion that in view of the post-mortem report, the matter requires further enquiry. The petitioner, is, therefore, allowed bail in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of A . C . /Duty Magistrate, Sahiwal.
S. G. D. Bail granted.
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