2001 P Cr (PLP)

Agha Khuda Bux, Asstt. A.G. for the State. Complainant Ghulam Murtaza lodged first information report on 28-4-2000 at 10-30 a.m. at Police Station Dadu, bearing Crime No. 89 of 2000. . The facts in brief are that there was an old dispute between the parties. In the year 1993 Muhammad Rafiq uncle of complainant was murdered by Hussain and others. Again in the year 1997, there was a dispute between the parties in which Hussain, Allah Bachayo and Ali Hassan were murdered, for which challan was submitted against Ghulam Mustafa and others. The said case is still pending in the Court of Sessions Judge Dadu. The date of hearing was fixed on 28-4-2000. Complainant had accompanied his brother Ghulam Ali to Bus Stand Qasimabad, who was going to attend the Court in a case under section 13-D, Arms Ordinance on the aforesaid date. The Bus came at about 7-15 a.m. and the complainant boarded in it. It is alleged that as soon as he boarded the bus, Umed Ali Leghari who was armed with S.M.G. fired at him whereas Asghar fired from his S.M.G. towards Ghulam Ali. Both of them sustained injuries and fell down. It is alleged that Abbas and Manzoor also fired at them. The fires and the commotion attracted Ghulam Haider and Ghulam Murtaza. Thereafter, the culprits made their escape good. Ghulam Ali went towards his village whereas complainant was removed by Ghulam Haider and Ghulam Mustafa towards Johi Hospital. It is alleged in the F.I.R. that aforesaid accused were accompanied by Mehboob, Shamman, Umed Ali, Sartaj and Laloo. The police took up investigation after registration of F.I.R. and submitted challan in the Court. The accused Karim Bux lodged F.I.R. prior to the aforesaid F.I.R. at same police station against the complainant party being Crime No. 88 of 2000. In the said F.I.R. three persons namely Abbas, Manzoor and Mst. Azra lost their lives. The case was registered under sections 302, 147, 148 and 149, P.P.C. The said case has also been sent up and is pending trial. It is contended by learned counsel that the present applicants have pot been attributed any specific role in the crime. They are only shown to be present at the place of Wardat and no overt act is attributed to them. It is submitted that counter-cases are registered by both the parties and the F.I.R. of accused party is prior in time. It is argued that the three persons have lost their lives from the accused side and it is yet to be decided as to which of the party was aggressor. Mr. Agha Khuda Bux, learned Assistant Advocate-General in view of the aforesaid facts, circumstances and .the legal position has stated no objection. The perusal of two F.I.Rs. reveal that F.I.R. of accused Karim Bux is prior in time. The complainant party is facing trial in a triple murder case. It is yet to be decided as to whether complainant Ghulam Murtaza and injured Ghulam Ali had sustained injuries at the hands of accused party as alleged by complainant in his F.I.R. However, no overt act has been attributed to the present applicants/accused. There is no mention in the F.I.R. that the applicants were armed with any weapon and they caused injuries to aforesaid injured. The complainant has suppressed the fact of death of three persons at Bus Stop. In the present circumstances, it cannot be held at this stage that the applicants are guilty of the offence covered by prohibitory clause of section 4970), Cr.P.C. Applicants are granted bail in the sum of Rs. 1,00,000 (one lac) each and P.R. Bond in the like amount to the satisfaction of the trial Court. H.B.T./L-8/K?????????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.