1997 P Cr (PLP)

(6) Swelling on right letral side of neck 20 c.m. x 5 c.m. Injured was referred to Civil Hospital, Mirpur Khas for X-Ray and treatment so that final opinion can be communicated after the X-Ray Report. Opinion regarding all the injuries 1, 2, 3, 4, 5 and 6 was reserved. Kind of weapon used, injuries Nos.1 to 3 were caused by sharp cutting substance and injuries Nos.5 and 6 caused by hard and blunt substance. After receipt of X-Ray Report the Medical Officer Rural Health Centre Dhoro Naro through letter, dated 1-8-1996 intimated the police about the injuries of injured Gul Hassan which reads as under:-- "X-Ray skull A.P. and Lat: view Depressed fracture of right frontal bone seen. X-Ray chest A.P. view Fracture of the right 6th and 7th ribs and pneumothorax and obliteration of the Rt. costophrenic angle seen." On 19-10-1996 through letter in continuation of medico-legal certificate the Medical Officer intimated the police about the expert opinion received by him vide Letter No.LMCN/Estt/(MLC)/2364, dated 28-9-1996 which reads as follows:-- "X_-Ray report reads that:-- X-Ray skull (AP (two films (L 131) duly signed. Fractures are seen in the (Rt) frontal and (Rt.) Panetal bone in these skiagram. X-Ray chest - AP (single film (1-131) duly signed. Air is seen in the (Rt.) lateral wall of chest subcutoneosuly in this skiagram. Fracture is seen in the (Rt) 6th Autenirely and (Rt) 7th rib at posterior, anterior junction in skiagram. No sign of pueumothosax and Hemothorax are seen in this skiagram. Injuries Nos. l. 2, 3, 4. 5, 6 kept reserved are declared as under:-- Injuries Nos. 1 and 2 stood Shajjah-i-Hashimah section 337-A(ii). Injury No.3 stood Shajjah-i-Mudihah section 337-A(ii). Injury No.4 stood Ghayr-jaifah Hashimah section 337-F(v). Injuries Nos. 5 and 6 stood as simple in nature." I have gone through the material placed with case. I have also perused the medical certificate referred hereinabove. The contention of Mr. Ghulam Moinuddin Baloch that Umed Ali witness in his 161, Cr.P.C. statement has stated that Abdul Wahid was having Lathi and that case is the result of enmity. For the decision of the bail application only tentative assessment of evidence is to be carried on. Deeper appreciation of the same is to be done by the trial Court after recording of the evidence. It is rightly said that enmity is a double-edged weapon and cuts both ways. Causing of the injuries may be the result of the enmity so alleged, the incident is alleged to have taken place on 13-7-1997 at 23-30 hours and the matter was reported on 14-7-1996 with the police whereas according to the F.I.R. distance of the place of incident and police station is 30 k.ms. Specific role of causing injuries is attributed to the applicants /accused in F.I.R. lodged by the complainant and 164, Cr.P.C. statements of the prosecution witnesses namely Gul Hassan the injured. Saifur Rehman. Ghulam Haider and Obhayo. During investigation the police noted down the injuries on the person of injured on 15-7-1996 and at the time of preparation of Mashirnama blood was oozing out from the injuries. Police also prepared Mashirnama of Wardat and found blood on the Wardat. The incident was witnessed by' the P.Ws. on the electric bulb of the mosque near which the incident is alleged to have taken place. Until and unless Obhayo is not confronted with his 161, Cr.P.C. statement his evidence while deciding this bail application cannot be discarded. The location and nature of the injuries prima facie establishes that accused/applicants are guilty for the offence for which they have been challaned and the offence falls under the prohibitory clause of section 497, Cr.P.C. The upshot of the above discussion is that application is devoid of substance and merit, which must fail, the same is accordingly dismissed. N. H. Q./A-114/K Bail refused.