Shaukat petitioner involved in a case under section 302/307/34, 201/148/.149, P.P.C. Arising out of F.I.R. No. 213, dated 4-10-1983, registered at Police Station. Sangla Hill, has sought to be released on bail.
2. It has been alleged in the F.I.R. That hens belonging to the sister of the first informant, went into the house of Sardar co-accused, on which there had been exchange of hot words between the women-folk of both the houses. In the evening, Abdul Majid, brother-in-law of the first informant, accompanied by the first informant went to the field of. Muhammad Sharif to bring fodder. The deceased was way laid by Taj, Mushtaq, Sardar and Mubarik co-accused and Shaukat petitioner.
Taj, Mushtaq and Sardar were armed with Sotas while Mubarik and Shaukat were with hatchets.
Abdul Majid deceased was dealt blows on his parietal bone, left eye and legs by the petitioner and his co-accused with their respective weapons, Shaukat petitioner is alleged to have caused an injury with hatchet on the left leg of the deceased. The deceased was taken to the hospital and subsequently he succumbed to the injures. According to the post-mortem report, five simple injuries caused with weapon were noticed on the person of the deceased. On the left leg of the deceased, the following injury was noticed:- "A lacerated wound 2 c.m. x 0.5 c.m., skin deep, on the front and middle part of the leg."
This injury obviously is the result of a blunt weapon but in the F.I.R. It has been alleged that the petitioner was armed with hatchet and he caused injury with hatchet on the left. Leg of the deceased.
3. Originally, the doctor who performed the post-mortem examination observed that the cause of death would be declared after the receipt of the reports of the Chemical Examiner and Pathologist.
The report of the Chemical Examiner was in negative while the Pathologist could not give any opinion due to purification of viscera. It was, therefore, opined by the doctor that on account of simple injuries noticed on the person of the deceased, definite cause of death could not be given.
He, however, further opined that these simple injuries can cause death of low resistance person. In the beginning of the post-mortem report it has been observed that it was a dead body of a man aged 28/29 years, moderately built. It cannot, therefore, be said with certainty that the deceased was a person of low resistance. Simple injury which is attributed to the petitioner on the left leg cannot certainly be the cause of death.
Two co-accused of the petitioner, namely, Mubarik and Sardar have been declared innocent. The other two have already been released on bail. In the above circumstances it is a matter for further inquiry as to whether the petitioner by. Any stretch of imagination can be held liable for the murder of the deceased. In this view of the matter, he is admitted to bail in the sum of Rs.30,000 (rupees thirty thousand only) with one surety in the like amount to the satisfaction of the A.C. Sheikhupura.