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Criminal Miscellaneous No.1314/B of 1987, decided on 13th May, 1987.

--S.497--Penal Code (XLV of 1860), S.302/307/34--Bail, grant of--One of accused did not inflict any injury on deceased while other accused allegedly fired ineffectively in the air to scare away rescuers--No crime empties or lead pellets were recovered from spot--Occurrence erupted out of a sudden quarrel and question whether accused did share common intention of co-accused to murder deceased, calling for further inquiry and it could not be unequivocally stated that accused were reasonably guilty of offence imputed to them under S.302/307/34, Penal Code--Bail granted in circumstances.

Meher Ghulam Ali Mubashar for Petitioner.

Hafiz Ghulam Bari for the State.

This is a petition under sections 497/498, Cr.P.C. by Dost Muhammad and Sarang, petitioners, for bail in respect of a case instituted against them and two others under section 302/307/34, P.P.C. at Police Station Kirama, District Sargodha on 23-10-1986.

2. The prosecution case in brief is that on 23-10-1986 at 11-00 a.m. Manak, complainant alongwith his brother Falak Sher and one Manzoor Ahmad was in his land, when Zulfiqar co-accused, armed with a rifle, Dost Muhammad alias Doss, petitioner, and Atta Muhammad co-accused both armed with sotas, and Sarang petitioner armed with a gun, turned up. All of them addressing Falak Sher deceased declared that they had come to cut the trees from their own land and that if they had the courage, they could stop them. Valak Sher, deceased requested these persons that as they were related to each other, the matter should not become a basis for a quarrel. The deceased also requested the accused persons that they should not cut the trees till some decision about the land was arrived at. A quarrel took place between falak Sher deceased and Zulfiqar co-accused and others during which Zulfiqar. co-accused lost self-control and fired at Falak Sher deceased which shot hit him on his right abdomen. The deceased fell down. Zulfiqar co-accused then fired at Manzoor Ahmad P.W. which shot hit his left thigh, felling him to the ground. Ata Muhammad, co-accused then inflicted a sota injury on the left ear of Falak Sher, deceased. Dost Muhammad, petitioner inflicted a sota injury on the right little finger of Manzoor Ahmad P W. Sarang, petitioner kept on raising Lalkaras and fired ineffectively in the air, proclaiming that if any body came near he would be killed.

The motive for the occurrence was that the lands of Falak Sher, deceased and Zulfiqar co-accused were joint and there were Sheesham trees on the said land, which the accused party wanted to cut and in respect of which about ten/eleven days earlier a dispute had also arisen between Falak Sher deceased and Zulfiqar co-accused, in which they had abused each other.

3. I have heard the arguments of the learned counsel for the petitioners and the State and have perused the record. It is obvious from the F.I.R. that before the occurrence, a quarrel took place between Falak Sher deceased on the one side and Zulfiqar co-accused on the other, as a result of which Zulfiqar co-accused lost his temper and started firing at Falak Sher deceased and Manzoor Ahmad P.W. The order accused are also alleged to have joined in thereafter. Dost Muhammad petitioner is alleged to have inflicted a sota injury on the right little finger of Manzoor Ahmad Phis right little finger, though there is one on his left little finger. In any case Dost Muhammad petitioner did not inflict any injury o the deceased. Sarang petitioner is alleged to have fired ineffectively in the air to scare away rescuers. No crime empties or lead pellet were recovered from the spot. He also did not fire at or injure Falak Sher, deceased. Since the occurrence errupted out of a sudden quarrel, the question whether Dost Muhammad and Sarang, petitioners, did share the common intention of Zulfiqar co-accused to murder Falak Sher, deceased is a question which calls for further inquiry. In view of this position, it cannot presently be unequivocally state that the petitioners are reasonably guilty on the offences imputed to them under sections 302/34 or 307/34, P.P. C.

4. For the foregoing reasons, this petition is accepted and Dos Muhammad and Sarang petitioners are released on bail subject to their furnishing security in the sum of Rupees Thirty Thousand (Rs.30,000) each with two sureties each in like amount to the satisfaction of the Assistant Commissioner, Sargodha.

5. Copy dasti on payment of usual charges.

M.Y.H./D-13/L Bail granted.

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