1975 P Cr (PLP)

Asif Ranjha for Petitioners. Iqbal Ahmed for the State. Masud Akhtar for the Complainant. The two petitioners are mother and son inter se The deceased, Muhammad Sharif was the brother of Amir Khan the husband and co‑accused of petitioner No.l. The report was lodged by A. S. I. Bashir Ahmad an other brother of the deceased who is posted at Ichhra. Lahore. He received a telephonic call that Amir Khan, his brother, and the two petitioners had beaten the wife of Muhammad Sharif deceased. The deceased Muhammad Sharif also happened to be posted in Lahore as a Constable. Both the brothers reached village Jhansi, and at 11 p. m. they and their other brother Saeed Ahmad and Arshad Javed son of Muhammad Sharif, went to the house of Amir Khan accused to ask him as to why he had beaten Muhammad Sharif's wife. On entering the house of Amir Khan, Muhammad Sharif deceased told his brother Amir Khan that he had not done well in giving a beating to a woman. Upon this the two petitioners before me are said to have caught hold of the deceased and Amir Khan gave a blow with a sofa which struck Muhammad Sharif on his head. At the preliminary hearing I had granted bail to Mst. Zohra for the consideration that she was a woman and a small baby was in her lap. Muhammad Iqbal, petitioner No. 2 was granted bail as, I am told that he was a student, and was 14 years of age. The learned counsel for the State submitted that the date of birth of Muhammad Iqbal, according to the entry in the Register of Births, was 5‑12‑1956, and, on this calculation, he was above 17 years of age when the occurrence took place. The learned counsel for the petitioners, however, has produced a certificate from the Head Master, Government High School, Pasrur, according to which Muhammad Iqbal is a regular student of VIII‑D and his date of birth is 22‑5‑1958. Ordinarily, preference is to be given to the date entered in the birth register. The difference between these two entries, if necessary, may be resolved when some evidence is led. The parties are closely related and the allegation is that when, at 11.00 p. m. on 11‑3‑1974, Muhammad Sharif deceased alongwith others went to the house of his brother, Amir Khan to demonstrate with him for the beating given to his wife, the two petitioners caught hold of Muhammad Sharif. It has not yet come in evidence whether this action of the petitioners amounted to sharing the common intention with their co‑accused. The fact that Mst. Zohra is a woman and Muhammad Iqbal is a student further justifies confirmation of the bail granted on 2‑4‑1974. 1 order accordingly. The petitioners shall join the investigation when called upon to do so. Bail confirmed.