1988 PLP r (PCRLJ)

Mehar Ghulam Ali Mubashar for Petitioner. Malik Muhammad Yousaf for the State. This is a petition under section 497/498, Cr.P.C. by Atta Muhammad petitioner for bail in respect of a case instituted against him and three others under section 302/307/34, P. P. C. at P. S. Karana, District Sargodha, on 23‑10‑1986.

2. The prosecution case in brief is that on 23‑10‑1986 at 11‑00 a.m. Manak, complainant, alongwith his brother Falak Sher and one Manzoor Ahmad, was on his land, when Zulfiqar, co‑accused, armed with a rifle, Dost Muhammad alias Dosa, co‑accused, and Atta Muhammad, petitioner both armed with Sotas and Sarang, co‑accused, armed with a gun, turned up. All of them addressing Falak Sher, deceased, declared that they had come to cut the trees from their own land and that if they had the courage, they could stop them. Falak Sher, deceased, requested these persons that as they were related to each other, the matter should not become a basis for a quarrel. The deceased also requested the accused persons that they should not cut the trees till some decision about the land was arrived at. A quarrel took place between Falak Sher, deceased, and Zulfiqar, co‑accused, and others, during which Zulfiqar, co‑accused, lost self‑control and fired at Falak Sher, deceased, which shot hit him on his right abdomen. The deceased fell down. Zulfiqar, co‑accused, then fired at Manzoor Ahmad P.W. which shot hit his left thigh, felling him to the ground. Atta Muhammad, petitioner then inflicted a Sota injury on the left ear of Falak Sher, deceased. Dost Muhammad, co‑accused, inflicted a sota injury on the right little finger of Manzoor Ahmad P.W. Sarang, co‑accused, kept on raising Lalkaras and fired ineffectively in the air, proclaiming that if anybody came near, he would be killed.

3. The motive for the occurrence was that the lands of Falak Sher, deceased, and Zulfiqar, co‑accused, were joint and there were Sheesham trees on the said land, which the accused party wanted to cut and in respect of which about ten/eleven days earlier a dispute had also arisen between Falak Sher, deceased, and Zulfiqar, co‑accused in which they had abused each other.

4. I have heard arguments of the learned counsel for the petitioner and the State and have perused the record. It appears from the F.I.R. that before the murder, a quarrel took place between Falak Sher deceased on one side, Zulfiqar, co‑accused, on the other, as a result of which the latter lost his temper and started firing at Falak Sher, deceased, and Manzoor Ahmad P.W. Other accused including the petitioner, allegedly joined in at this stage. Atta Muhammad, petitioner, is alleged to have inflicted a Sota injury on the left ear of Falak Sher, deceased. The post‑mortem report shows a scab wound 1 x c.m. on the front of the left pinna and a scab wound 1 x c.m. on the back of left pinna of the deceased. It is urged by learned counsel for the petitioner that the said injury could have A been the result 'of a fall, as the deceased was alleged to have fallen after he received the first rifle injury from Zulfiqar, co‑accused. The submission of the learned counsel for the petitioner is not without substance. Since the occurrence erupted out of a sudden quarrel and the question whether the petitioner's injury is the result of a Sota blow, the culpability of the petitioner calls for further inquiry. In this view of the matter, it cannot presently be unequivocally said that the petitioner is reasonably guilty of the offences imputed to him.

5. For the foregoing reasons, this petition is accepted and Atta Muhammad, petitioner, is released on bail, subject to his furnishing surety in the sum of Rupees thirty thousand (Rs.30,000) with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Sargodha. S.A./A‑248/L Bail granted.