1. ' RAHMAT HUSSAIN JAFFERI, J.---This is a case of injury caused to injured Mukhtiar on his abdomen by means of firing arm weapon. The incident is alleged to have taken place on 22-1-2004 at 10 p.m.
2. Outside the house of complainant Wazir Khokhar. There was an old enmity between the parties. In this background it is alleged that on the above date, time and place the present applicants armed with guns and one Ghulam Mustafa armed with pistol reached at the place of incident. They knocked the door of the house of complainant on which injured responded the call who was followed by other witnesses. Thereafter all the persons fired from their weapons at the injured. The injured received injury on his abdomen. He fell down on the ground and then the accused ran away. The complainant went to police station and lodged the report on 23-1-2004 at 1 a.m. In the night.
3. ' The learned counsel for the applicants has stated that the injured has received one injury on his abdomen; that general allegation has been levelled against all the accused persons; that it is not known as to who is responsible for causing the said injury and that no recovery has been made from the possession of the present applicants.
4. ' On the other hand learned Addl. A.-G. Has stated that names of the applicants are mentioned in the F.I.R.; that specific role has been assigned to them of making fire-arm shots at the deceased; that the Medical Officer opined that the injury on the person of injured falls under section 337(D), P.P.C. Which is punishable for 10 years; that applicants had common intention to commit the offence as such they are not entitled to the concession of bail.
5. ' I have given due consideration to the arguments, gone through the material available on the record and found that the parties are known to each other. There was old enmity between the parties, as such there appears to be motive for commission of the offence. From the facts it is clear that the applicant Gul was armed with pistol whereas applicant Mumtaz was armed with gun. They along with another accused persons fired at the deceased with the result that the deceased had received fire-arm injury on his abdomen which is vital part of the body. The injury has been declared to be Jarh-e-Jaifah which is punishable under section 337(D), P.P.C. The punishment provided thereunder is 10 years. Thus the case falls under prohibitory clause of section 497, Cr.P.C.
6. ' Apart from the above facts the applicants by arming themselves with deadly weapons had knowledge that if they fire from their weapons then it might cause the death, as such their case would fall under section 324, P.P.C. Under which it is provided that whoever does any act with such intention or knowledge, and under such circumstances, that, if he by that act caused Qatl, he would be guilty of Qatl-eAmd and the punishment provided thereunder is for 10 years. For attracting the provisions of section 324, P.P.C. Not only the intention is required but if the accused had knowledge that their act would cause the Qatl, then their case would also fall within the ambit of section 324, P.P.C.
7. In the present case the applicants had armed themselves with pistol and gun and actually fired from their weapons at the injured. One of the fires had hit the injured at his vital part of his body, therefore, they had knowledge that their act would cause death. As such they shared common intention with knowledge to commit the offence, therefore, their case falls within the prohibitory clause of section 497, Cr.P.C.; hence they are not entitled to the concession of bail. The application is therefore dismissed along with listed application.