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Criminal Miscellaneous No. 1069‑B of 1986, decided on 19th April, 1986.
‑‑‑S. 497‑-Penal Code (XLV of 1860), Ss. 302, 324, 332 a 452‑‑Bail, grant of‑‑Deceased dying 13 days after occurrence having one lacerated wound on head‑‑All three accused alleged to have caused injuries to deceased on head‑‑Recoveries of Sotas and not of Dangs from accused‑‑No previous enmity alleged‑‑No premeditation for murder of deceased‑‑Head injury to deceased, held, could not be imputed to any particular accused and without going into merits of case, accused were allowed bail in circumstances.
Naweed Rasool Mirza and M. Balal Khan for Petitioners.
Rao Hamid Mukhtar for the State.
Syed Hussain Rizvi for the Complainant.
This is a petition under section 497/498, Cr.P.C. by Shaukat Ali and two others, petitioners Nos. 1 to 3, for bail in respect of a case instituted against them and two others under section 452/324/332, P.P.C. at Police Station Barki, District Lahore, on 2‑10‑1985.
2. The prosecution case in brief is that an intervening wall separates the house of the complainant and the accused party. On 2‑10‑1985 at about 9‑00 p.m. Muhammad Abbas, petitioner, was laying bricks on the said common wall, when Mat. Naziran Bibi, complainant, prevented the petitioner from doing so. Muhammad Abbas, petitioner, then got down and he alongwith Shaukat Ali and Muhammad Ilyas, petitioners, all duly armed with Dangs, trespassed into the Ihata of the complainant, followed by Mst. Bodan and Mst. Hanifan Bibi, co‑accused Muhammad Abbas petitioner, immediately started abusing the complainant party inquired why he had been prevented from lying the bricks. Mat. Hamidan Bibi P.W. told him not to hurl abuses, whereupon Muhammad Abbas, petitioner, then inflicted an injury on Mst. Naziran, complainant, which hit her on her right hand. Muhammad Abbas, Shaukat Ali and Muhammad Ilyas petitioners, then inflicted Dang injuries on the head of Mat. Hussain Bibi, deceased Muhammad Abbas petitioner, then inflicted a Dang injury on the lips of the deceased, followed by Shaukat Ali, petitioner, who inflicted a Dang injury on her right wrist. Muhammad Yasin P.W. who in the meantime had come up and was demonstrating with the accused not to assault the ladies, was given Dang injuries on his head by Muhammad Abbas, petitioner. Meanwhile, Mat. Bodan and Mst. Hanifan hurled brickbats at Mst. Naziran Bibi, complainant, one of which struck her on the abdomen and two on her shoulders.
3. I have heard the arguments of the learned counsel for the Petitioners, the complainant and the State. Mst. Hussain Bibi, deceased, died thirteen days after the incident on 15‑10‑1985. From her medico legal report, it appears that she suffered a lacerated wound on the head, contused swellings on her right hand, left cheek, left lower lip, night paliam and left ankle and an abraded swelling on the outer side her right eye. The recoveries effected at the instance of the petitioner happen to be mere Sotas and not Dangs. The F.I. R. does not mention any past enmity from which it can be said that any of the petitioner would have premeditated the murder of Mat. Hussain Bibi, deceased. Basically, the question that arises for consideration is whether the offence committed by the petitioners is one under section 302/149 or 325/149 P.P.C. According to the F.I.R., all three petitioners are alleged to have inflicted injuries on the head of Mat. Hussain Bibi, deceased whereas there is only a single injury on her head, which proved fatal thirteen days after the occurrence. If the said injury could have been imputed to any of the petitioners. I would have refused him bail, but in this case all the three petitioners are alleged to have inflicted the solitary injury on her head. Without going on the record as having given any finding in the matter, I would only say, for the limited purposes of this bail petition, that the petitioners are entitled to be released on bail.
4. For the foregoing reasons, this petition is accepted.
S.A. Petition accepted.
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