1992 P Cr (PLP)

Rana Taj Mahmood Khan for Petitioner. Ibrahim Faiooq for the State. The petitioner is one of the eight accused in case F.I.R. No.157 of 1988 registered at P.S. Ahmad Yar, District Sahiwal, on 24‑9‑1988 under section 302/307/324/148/149, P.P.C.

2. The occurrence took place on 24‑9‑1988 at 8 a.m. in the area of Chak No.137/EB in which five persons including Sajwara deceased were injured. The petitioner allegedly caused three simple injuries with a blunt weapon to Draj P.W., two on the head and one on the back chest a little below the shoulder.

3. It is argued on behalf of the petitioner that no motive is attributed to him nor any injury to the deceased is assigned to him. According to the learned counsel, the petitioner had no concern with either party nor he was related to either of them and his only misfortune is that on the day of occurrence, he happened to be present in the village of she parties where the occurrence took place and he was also implicated. The application has been opposed on behalf of the State on the ground that the petitioner was a member of unlawful assembly constituted by the accused party who after arming themselves with deadly weapons attacked the complainant party when they were taking their mares to the cattle pond as they were damaging their crops.

4. The motive for the crime is that the accused party used to let loose their mares in the land of the complainant party thereby damaging their crops. On the day of occurrence; the complainant party, after getting hold of three mares which were damaging their crops, were taking them to the cattle pond and the accused party having come to know about it, followed them after arming themselves with deadly weapons, including fire‑arms, and tried to retrieve the mares. The complainant party resisted their attempt, which led to a fight as a result of which five persons were injured and Sajwara later died in the hospital. Amongst the accused the petitioner who belonged to another village, was also present and a specific role of causing three injuries to a P.W. is attributed to him. Ordinarily he had no business to go to another village and taking side of one party attacking the other which resulted in a murder besides, causing injuries to four persons. In the fight two persons from the accused party were also allegedly injured and the learned counsel for the petitioner has tried to make out a case of free fight each participant incurring individual liability but it is difficult to agree with his contentions if the accused really came to retrieve their mares as alleged by the prosecution. The petitioner is, therefore, not entitled to the grant of bail and his bail application is rejected. N.H.Q./R‑42/L Bail refused.