' Precisely stating facts of the case are that the prosecution set up a case vide F.I.R. No,104 of 2003 dated 24-4-2003 against the respondents for the commission of murder of deceased Muhammad Maqsood who alleged that a quarrel took place between him, Fateh Muhammad and the deceased as Fateh Muhammad was not making payment of Rs,1,800 being the charges of stitching against him. Though the amount was paid but Fateh Muhammad nursed grudge against him. On the day of incident, when the complainant was going to his tailoring shop after offering prayer, he saw while passing by the house of Fateh Muhammad that Fateh Muhammad, Zaman, Abdur Rehman and Suleman were standing there. They caught hold of him and took him to their house where Fateh Muhammad and his sons gave beating to him with Sotis and he received injuries on his arm, waste and right shin. Thereafter, they dropped him in the house of his brother Mansab Ali and subsequently deceased Maqsood succumbed to injuries. According medical evidence, following injuries were sustained by the deceased:--
(i) 2 c.m. x 1/2 c.m. Scab information on the backside of right elbow joint.
(ii) 3 c.m. x 1/2 c.m. Scab information on elbow joint posterior of left side.
(iii) 3 c.m. Stitched wound with scab information on right leg interiorly in the middle.
(iv) Operation scar with stitches present on front side of abdomen. Slightly right side in this middle from epigestrum to public. 14 stitches were present.
(v) 1 c.m. x 1 c.m. Operation mark dranage wound on left iliac fossa with one stitch present.
(vi) Approximately 1-1/2 c.In. x 1-1/2 c.m. Chest into bation (operation) wound on lower left latterly present.
2. It is to be noted that initially it was found by the doctor that none of the injuries were fatal for causing death. Subsequently, a medical board was constituted which opined that some hard article was inserted in the rectum of the deceased due to which his death was caused. However, on completion of investigation, the respondents were challaned. Learned trial Court acquitted Muhammad Suleman, whereas the remaining were convicted and sentenced to life imprisonment each and to pay Rs,50,000 each as compensation to the legal heirs of the deceased, in default to further undergo six months' S.I. Benefit of section 382-B, Cr.P.C. Was also given to the convicts.
3. Against the acquittal of Muhammad Suleman, appeal was filed before the High Court. The learned High Court accepted the appeal of the convicts acquitting them of the charge and at the same time maintained the acquittal of Suleman, as such instant petitions have been filed.
4. It is to be noted that normally in cases where there is a double presumption of innocence this Court is very slow in interfering with the impugned judgment but in the instant case, thew are certain aspects which require to be considered namely that Maqsood was not done to death only by one person as according to the prosecution, he has not died in an ordinary manner but his death was caused due to insertion of- an external force through his rectum. Therefore, this aspect of the case along with other attending circumstances, particularly, the statement of one of the co- accused Muhammad Zaman under section 342, Cr.P.C. Who had stated that on the night of the alleged occurrence, he was present in his house but his father and brothers Abdur Rehman and Suleman were not present at that time, Maqsood deceased in order to see his sister Mst. Cheeman trespassed in her house by scaling over the wall, he saw him when he was coming near the cot of his sister, he picked up Soti and gave 2/3 blows upon the legs and arms of Muhammad Maqsood who after receiving injuries ran away from the spot after opening the main gate from inside and went to his house. He himself and his co-accused had not brought Maqsood in their house from the street. At that time no P.W. Was in his house. Therefore, to examine all these aspects of the case and other material available on record, leave to appeal is granted.
5. Let bailable warrants in the sum of Rs,1,00,000 each of the respondents returnable to District and Sessions Judge, Bahawalnagar be issued.