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Criminal Miscellaneous No. 92‑B of 1985, decided on 2nd February, 1987.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302/34‑‑Bail, grant of‑‑Accused allegedly causing blunt weapon injury to deceased‑‑No blunt weapon injury found on person of deceased‑‑Deceased suffering only sharp weapon injuries‑‑Investigating Officer and supervisory officers arriving at definite conclusion of innocence of accused‑‑Allegations against accused, being matter of further inquiry, bail was grated to him in circumstances.
R.A. Awan for Petitioners.
Bashir Mirza for the State.
Date of hearing: 2nd February, 1987.
The petitioners Hakim Ali and Muhammad Rafiq, who are involved in a case under section 302/34, P.P.C. arising out of F.I.R. No. 256, dated 25‑ 8‑ 1986, registered at Police Station Saddar Renala Khurd, District Okara, have sought to be released on bail.
2. It has been alleged that on 24‑8‑1986 at 9‑00 a.m. the petitioners and their third brother Muhammad Ramzan, while Hakim Ali was armed with Dang, Muhammad Rafiq was empty‑handed and the co‑accused Muhammad Ramzan was armed with a hatchet, opened the attack on Muhammad Shafi. They caught hold of him and dragged him into the compound of their house, where Muhammad Rafiq sat over the chest of Muhammad Shafi. Hakim Ali dealt a Dang blow on his right thigh: Thereafter he secured his left arm which was amputated with hatchet by Muhammad Ramzan. Subsequently, he caught hold of his right arm and both legs, one after the other, which were injured by Muhammad Ramzan by causing injuries with hatchet. The occurrence was witnessed by Mst. Amna Bibi wife of Muhammad Shafi aforesaid, his son Muhammad Mushtaq and his daughter Robina Shaheen, who could not intervene on account of fear. Muhammad Shafi succumbed to the injuries after a shortwhile.
3. In this case, the challan has since been submitted. As per contents of the report under section 173 Cr.P.C. the petitioners Hakim Ali and Muhammad Rafiq have been found to be innocent and only Muhammad Ramzan has been held liable for the murder. The conclusion has been arrived at by, the Investigating Officer, the S.HA. and the supervisory officer, namely, D.S.P., Headquarters Okara.
It has been alleged in the F.I.R. that Hakim Ali dealt a Dang blow on the right thigh of the deceased but as per contents of post‑mortem report, no such injury has been found on the person of the deceased. He suffered four injuries which were all ante‑mortem and caused by a sharp‑edged weapon.
4. In view of the positive conclusion arrived at by the Investigating Officer and the supervisory officers, the allegations against the petitioners have become a matter for further inquiry. The medical evidence also does not support the prosecution version as disclosed in the F.I.R.
For the foregoing reasons and without prejudice to the merits of the case, both the petitioners are admitted to bail in the sum of Rs.30,000 each with one surety each in the like amount to the satisfaction of the A.C., Okara.
S.A./H‑12/L Bail granted
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