1977 P Cr (PLP)

Criminal Miscellaneous No. 4188/B of 1976, decided on 7th February 1977. Criminal Procedure Code (V of 1898)

S. 497‑Petitioners, accused of murderous assault, receiving even number of injuries at the house of complainant party but fact suppressed in F. I. R.

Bail allowed in circumstances. Jariullah Khan for Petitioners. Mashkoor Ahmad for the State. A case is registered against the petitioners along with 15 others under section 307/34/ 148/ 149, P. P. C. on the 13th of July 1976. Ghulam Muhammad petitioner was stated to be armed with revolver and Muhammad Hussain petitioner was said to be armed with rifle. The prosecution version is that they along with their co‑accused armed with deadly weapons attacked the complainant side in order to forcibly take possession of the disputed lard and opened fire indiscriminately and that as a result Muhammad Aslam, Mst. Saira and Muhammad Rafique were injured. It appears from the order dated the 3rd of August 1976 of the Additional Sessions Judge I, Sahiwal, that there existed a dispute respecting the possession of land between the accused and the complainant parties. The Police inspector, who appeared before the Additional Sessions Judge had stated that the petitioners had been put into possession of the disputed land under the order of the Assistant Commissioner, Sahiwal. But according to him at the time of occurrence the complainant side had somehow or the other managed to re‑occupy the land in question and thereupon a case was registered against the complainant side at the instance of the petitioners under section 447, P. P. C. It was submitted before me by the learned counsel, for the petitioners that there were three persons injured also on the accused side and. their injuries have been suppressed in the F. I. R. The Additional Sessions Judge has observed in the aforesaid order that there were three injuries on each side. In other words, three persons had been injured on the complainant side and three members of the accused party Yaqub, Hassan and Ahmad Din had also sustained injuries at the hands of the complainant party. It is strange that according to the F. I. R. Yaqub and Hassan had been armed with gun/rifle and yet they had sustained injuries at the hands of the complainant party. The contention on behalf of the petitioners is that they were to possession of the disputed land at the time of occurrence and that the complainant side forcibly wanted to take possession of the said land. As a result a free fight took place between the parties. Since the complainant party was the aggressor party, the accused party including the petitioners acted in the exercise of their right of self- defence and that they caused injuries to the members of the complainant party after the members of the accused party had sustained injuries. At this stage I shall refrain from commenting upon the nature of evidence, which the Investigating Officer has collected against the petitioners. However, I am of the view that the petitioners should be released on bail because the injuries on the side of the accused had not been mentioned in the F. I. R. The petitioners are admitted to bail subject to their furnishing security in the sum of Rs. 10,000 (Rupees ten thousand only each with one surety each in the like amount to the satisfaction of Assistant Commissioner, Sahiwal. This petition stands disposed of. Petition disposed of.