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Criminal Miscellaneous No. 23‑B of 1986, decided on 19th January, 1986.
--‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302‑‑Bail, grant of‑‑Accused attributed one hatchet blow on head of deceased from its wrong side yet no such injury observed in post‑modem report‑‑Case being that of further inquiry, accused allowed bail.
Asif Saeed Khan Khosa for Petitioner.
Abdul Rashid Sheikh for the State.
Date of hearing: 19th January, 1986.
This is a petition for bail on behalf of Ghulam Muhammad who is being prosecuted alongwith Wazir, Hafiz Yasin and Ibrahim accused for the murder of Khair Muhammad. The prosecution case is that on 7‑4‑1985 at about 3/4 p. m. Khair Muhammad deceased came out of the shop of Budha Machhi. At that time his mother was present at the roof of her house. The moment Khair Muhammad came out of the shop, Wazir and Ghulam Yasin who were empty handed caught Khair Muhammad where after Ibrahim accused who was armed with Kati, gave a blow on the chest of Khair Muhammad. Ghulam Muhammad accused gave hatchet blow from its wrong side on the head of Khair Muhammad. Ibrahim tried to give more Kati blows. Khair Muhammad caught Kati in his hand which resulted in injuries to his fingers. The occurrence was witnessed by the mother of the deceased and also Allah Wasaya P.W. The motive was stated to be that Ibrahim accused suspected that Khair Muhammad deceased removed Dopatta from the head of his sister Mst. Ghulam Fatima. The petitioner was arrested. Hence this petition. Wazier and. Hafiz Yasin accused were allowed bail by the trial Judge.
2. I have heard the learned counsel for the petitioner and the State. According to the F.I.R. Ghulam Muhammad petitioner caused one hatchet blow on the head of Khair Muhammad deceased from its wrong side but a perusal of the certified copies of the post‑mortem report indicates that Khair Muhammad deceased did not receive any injury with blunt weapon. The medical officer noted 5 injuries on the dead body. All these have been caused by a sharp‑edged weapon. In view of this conflict in the F.I.R. and the post‑mortem report I find the case of Ghulam Muhammad petitioner to be that of further inquiry. He is allowed bail on his furnishing of bail bond in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of A.C/Duty Magistrate, Jampur.
S.G.D. Bail granted.
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