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Bail Application No. 138 of 1981, decided on 8th March 1981.

‑‑5. 497‑‑Penal Code (XLV of 1860), S. 302/34‑‑Bail‑‑Accused beating deceased with fists and kicks‑‑Questions as to what was intention of accused when they gave such kick and fist blows and whether it was a case of murder or culpable homicide not amounting to murder or a case of causing hurt with intention to kill or not, requiring further inquiry‑ Bail granted.

Sardar Muhammad Ishaq for Applicants.

M.I. Memon, Addl. A.‑G. for the State..

This is a murder case under section 302, P.P.C. in which the 4 applicants were alleged to have beaten the deceased Muslim Khan by fists and kicks as alleged by his cousin in the F.I.R. filed on 12-2‑1980 at SITE Police Station. The other witnesses in the case also state that they saw the 4 accused beating the deceased with fists and kicks. Mr. M .I. Memon, learned Additional A.G. has read the statement of prosecution witnesses and has pointed out that one Suleman who is the Security Officer in the Star Textile Mills had stated that the deceased made a statement to him that the 4 persons had beater, him with kicks and fists and caught his neck and pressed his testicles and they had also injured his head with something. The medical report shows that there is only one injury oh the head, which is 2" x 2" and in the opinion of the Doctor the same injury, was responsible for the respiratory failure. There are no other injuries found by the doctor on body of the deceased.

The dispute had started on the placing of Akbar weaver as jobber in a section of the same Mill to which Shaharyar Khan had objected and there was grapling between Muslim Khan and Shaharyar Khan in the Mill and the same was brought to an end by the complainant. Again there was an altercation between the deceased and Shaharyar Khan and the complainant interceded again. But thereafter the Mill was closed and the deceased was dragged outside by Shaharyar and Gulbar Khan where Akbar Khan and Nausherwan also joined. The complainant found the deceased standing against a wall and he was.saying that the 4 persons had beaten him with fists and blows.

No weapon of offence has been found or recovered by the police and even from the statement of Suleman, which talks of the dying declaration made by the deceased, the injury on the head is not ascribed to any one of the accused by the deceased. The accused Shaharyar and Gulbar had threatened the deceased with dire consequences in the Mill. In the circumstances of this case, an enquiry would be needed into the question as to what was the intention of the accused when they gave him fists and kicks blows and whether it was a case of murder or culpable homicide not amounting to murder or a case of causing hurt with intention to kill or not. I would, therefore, grant bail to the accused persons on furnishing one surety each with P.R. in the sum of Rs. 20,000 to the satisfaction of Vth Additional Sessions

M.Y.H Bail granted.

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