1. This is a petition for bail on behalf of Umar Din, Muhammad Arshad, Muhammad Akram, Zulifqar and Muhammad Yousaf who are being prosecuted alongwith Muhammad Ashraf, Muhammad Aslam and Muhammad Asghar, accused, in a case under sections 302, 307, 324, 149, 148, P.P.C. For the alleged murder of Khan Muhammad and for murderous assault on Muhammad Hussain, Muhammad Hanif, Ali Muhammad, Sharif and Nazir Ahmad P.Ws. The prosecution case in brief is that there was some dispute between Umar Din accused and Muhammad Hanif P.W. At about 10 a.m. On 17-6-1985 which had resulted in exchange of hot words and quarrel between the two. The matter was settled on the intervention of Punchayat. However, on the same day at about 7 p.m.
2. Umar Din, Muhammad Arshad, Muhammad Akram, Muhammad Ashraf and Muhammad Aslam armed with hatchets, Muhammad Asghar armed with Gandala and Zulfiqar and Yousaf accused armed with sticks came to the shop of Muhammad Hanif raising Lalkaras. Umar Din, Arshad and Asghar gave injuries to Muhammad Hussain P.W. At this Muhammad Hanif P.W. Came out of his shop. Yousaf and Zulifqar accused caused injuries on his person. Khan Muhammad deceased was attracted to the place of occurrence on hearing of alarm. He was given injuries by Umar Din and Ashraf accused. Ali Muhammad P.W., who was guest of Muhammad Hussain P.W. Also reached the spot and was injured by Muhammad Ashraf and Muhammad Aslam accused. Muhammad Sharif P. W. When reached the spot, was injured by Umar Din and Ashraf accused. The alarm also attracted Muhammad Yousaf and Nazir P.Ws. They were injured by Yousaf, Zulifqar and Asghar accused. The occurrence was also witnessed by Muhammad Akram, Muhammad Yaqub and Muhammad Hanif son of Qutubuddin P.W. During this occurrence Ashraf, Asghar, Aslam accused were also injured. The result of this occurrence was that Khan Muhammad died as a result of the injuries. Yousaf P.W. Received four blunt weapon simple injuries. Muhammad Hussain P.W. Received 10 sharp-edged and blunt weapon injuries on his person out of which injury No. 1 by sharp-edged weapon on left side of head was found grievous. Muhammad Sharif P.W. Received three sharp- edged and blunt weapon injuries on his person out of which one on head by sharp-edged weapon was found grievous in nature. Ali Muhammad P.W. Received three injuries by sharp-edged and blunt weapon out of which injury No. 1 by sharp-edged weapon on scalp was found grievous. The medical officer noted that brain matter was also protruding out of the wound. Muhammad Hanif P.W received three blunt weapon simple injuries and Nazir Ahmad P.W. Received four blunt weapon simple injuries during the occurrence. The injuries on the person of three accused were by blunt weapon and of simple nature.
2. In support of this petition it .Was contended that out of the petitioners Umar Din alone was attributed fatal injury to Khan Muhammad deceased whereas the remaining petitioners did not cause any injury to Khan Muhammad deceased. They were attributed injuries to the witnesses alone. Secondly, that the injuries on the person of three accused have not been satisfactorily explained by the prosecution and finally, that it was a case of sudden fight without pre-meditation and as such the case of the petitioners was that of further inquiry. The learned State counsel and the counsel appearing on behalf of the complainant opposed this petition.
3. I have examined the record and have heard the learned counsel for the parties at length. It is correct that Khan Muhammad deceased received injuries, according to F. I. R. At the hands of Umar Din and Muhammad Ashraf accused. It will, however, be noted that Muhammad Hussain, Muhammad Sharif and Ali Muhammad P.Ws. Received grievous injuries on vital parts of their bodies. In the case of Ali Muhammad P.W. Even the brain matter was seen protruding out of his head injury. At this stage it cannot be said or determined that it was a case of sudden fight and as such each accused was liable for his individual act. All the accused were related to each other and had common motive in this case. They all came together armed with weapons and caused injuries to the deceased and the witnesses. They have been charged under sections 149. 148, P.P.C. As well.
4. The injuries to three accused were mentioned in the F.I.R. On a perusal of the record I find that at this stage it cannot be held that the case of the petitioners was that of further inquiry. There is, therefore, no merit in this petition which is accordingly dismissed.