1979 P Cr (PLP)

S. 497-Prosecution story appearing doubtful and necessitating further inquiry-Circumstances, in which a P. W. victim of alleged murderous assult, came armed with a gun at place of occurrence not explained-Possibility that petitioner's party was attacked by com plainant party, who acted in self-defence, not ruled out--Petitioner allowed bail in circumstances. Arshad Mobin Anwari for Petitioner. Asad AG Zaidi for A.-G. for the State. Date of hearing : 14th December 1977. The motive is that three days before the occurrence the sheep of the complainant while grazing damaged the crop of the petitioner, whereupon Niaz, brother of the petitioner gave fist blows to the nephew of the complainant, who was grazing the sheep. Muhammad Shafi in return caused injuries to Niaz. On the day of occurrence when at 7 a.m. Muhammad Yusuf carrying a gun and the complainant were returning home, Shabu armed with a hatchet and Liaqat tried to snatch gun from Muhammad Yusuf on the plea that it was an unlicensed arm. At the alarm raised by both the parties the petitioner and his companions and on the other side the P. Ws. reached the spot. The petitioner and Makha are alleged to have belaboured Muhammad Yusuf and succeeded in snatching the gun from Muhammad Shafi who had in the meantime taken it from Muhammad Yusuf. In the meantime Muhammad Din Lambardar, Liaqat and Riaz also reached there who helped the complainant party. Muhammad Din was belaboured by Shabu and Muhammad Ilyas, Arif and Liaqat Ali were fired at Hakim Ali, Nikka and Liaqat. Riaz, Munir and Shirafat caused dang blows in retaliation. It has not been explained why Muhammad Yusuf had come armed with the gun. The possibility cannot be excluded that the petitioner party was attacked and therefore, attempt was made to disarm Muhammad Yusuf by snatching the gun from him. The fire-arm injuries so far have not been reported to be grievous. The report is that they were slightly bleeding. It is alleged that two persons from the petitioner's side were armed with guns. If this was so, they had no need to snatch the gun from Muhammad Yusuf and would have directly attacked the complainant's party. The fire-arm injuries with the gun present on the person of the complainant's party may have been caused by the gun which was snatched from Muhammad Shafi. The possibility therefore, cannot be excluded that the petitioner and his companions acted in self-defence. Any how no definite opinion can be formed at this stage but the circumstances of the case are such that the story of the occurrence at present appears to be doubtful, and the matter needs further inquiry Criminal Miscellaneous 4698/B/77. 2. In these circumstances the petitioner is admitted to bail in the sum of Rs. 5,000 with one surety in the like amount to the satisfaction of A. C./ Duty Magistrate, Lahore. Petition accepted.