1996 P Cr (PLP)

S. 497

Penal Code (XLV of 1860), S.302/34

Bail, grant of

Deceased had sustained three injuries which all were certified to have been caused by hard blunt substance

Out of those three injuries one which was shown to be the cause of death of deceased, was on head and was attributed to co-accused while other two injuries which were not on vital parts of body of deceased were attributed to accused persons

Accused persons were alleged to have caused injuries with back side of hatchets which had supported contention of accused persons that they had no intention to kill deceased otherwise they could use sharp side of hatchets

Incident having taken place on spur of moment, question of sharing common intention with co-accused who actually had caused death of deceased, was yet to be determined at the time of trial and every accused would be responsible for his own individual act

Case being of further inquiry accused persons were admitted to bail. Faiz Muhammad Qureshi for Applicants. Shafi Muhammad Memon, AA.-G. for the State. The present applicants are involved in a case registered as Crime No.46 of 1994 at Police Station Hatri of District Hyderabad under sections 337-A(ii), 504 and 34, P.P.C. which was subsequently converted to section 302, P.P.C. on account of death of injured Ali Nawaz. According to the F.I.R. the complainant and his relatives were working in their fields when at about 10'o clock in the morning about 30-35 heads of buffaloes entered their fields with the result that standing cotton crop was being damaged. The co-accused Yakoob and present applicants, all duly armed with hatchets, are said to have followed the cattle. On this the parties exchanged harsh words with the result that co-accused Yakoob gave hatchet blow with blunt side to deceased Ali Nawaz on his head who fell down. it is also alleged in the F.I.R. that the present applicants too gave hatchet blows with the blunt side to the deceased. The F.I.R. was lodged promptly within 45 minutes of the incident and the police after usual investigation, arrested the accused and sent up the case for trial. The bail application was moved on behalf of present applicants which was rejected mainly on the ground that they shared common intention with co accused Yakoob. Being aggrieved, the present applicants have preferred this bail application. I have heard Mr. Faiz Muhammad Qureshi, learned counsel for the applicant and Mr. Shafi Muhammad Memon, learned A.A.-G. Sindh for State. I have also perused the F.I.R. and other documents and post-mortem examination. According to the post-mortem report, the deceased had sustained three injuries of which one is on the head. All these injuries are certified to have been caused by hard blunt substance and that the head injury is shown to be the cause of death. The said injury is attributed to co-accused Yakoob while the other two injuries which are not on the vital parts of body are attributed to the present applicants. It may be observed that admittedly the present applicants are graziers who were grazing their cattle and it is natural that they would have a Lathi or hatchet in their hand. However, it is alleged that they have caused injuries with the backside of the hatchets which itself goes to support the contention of the counsel for the applicant that they had no intention to kill otherwise they could have used the sharp side of the hatchets. It may further be observed that according to the facts stated in F.I.R., the incident had taken place on spur of moment and, therefore, the question of sharing common intention is yet to be determined at the time of trial. In such case every culprit will be responsible for his own individual act. In these circumstances, I am of the view that this is a case of further enquiry. Accordingly, I admit the present applicants to bail who shall be released subject to their furnishing one surety in the sum of Rs.50,000 (Rupees fifty thousand only) each with P.R. bond each in the like amount to the satisfaction of the learned trial Court. H.B.T./S-1158/K Bail granted.