I have heard the learned counsel for the State who is assisted by Ghulam Muhammad. A.S.I. Police Station Shahpur Sadar. According to the prosecution on the day preceding the occurrence there was a dispute between the parties on the cutting of wheat crop. However, the matter was settled on the intervention of the elders. On the same afternoon a buffalo of the complainant party strayed into the tobacco field of Gamoo petitioner and caused damage. This led to an altercation between Gamoo petitioner and the father of the complainant, i.e. The deceased named A.I Muhammad.
2. The petitioner and other co-accused were sitting in the courtyard (thhara) of their own house when Said Rasul son of the deceased passed over the Thhara whereupon Abdur Razzaq accused gave him a Sota blow stating that as to why he had passed from the courtyard. The complainant Ghulam Rasul was, at that time, present nearby in the courtyard. Muhammad A.I was about to tie his buffalo, he severely reprimanded the petitioner and others as to why they had given a beating to Said Rasul. Thereupon Gamoo petitioner went inside his house and brought out a Wahauli and inflicted a blow on the head of A.I A Muhammad, as a result of which he fell down.
The broad facts taken from the record are:--
(a) that A.I Muhammad deceased had received the injury in the courtyard of the petitioner;
(b) that both sides are injured which include women-folk and the injuries are of insignificant nature and had been declared simple;
(c) that the immediate cause of grievance was with the complainant party;
(d) that it was Said Rasul who came in the courtyard of the petitioner and trespassed over the Thhara of the petitioner;
(e) that immediately before receiving the blow it was the deceased who reprimanded the petitioner's side;
(f) that the petitioner and others were initially sitting on their own Thhara inside the courtyard empty-handed and later a wahauli was brought from inside the house after a trespass committed by Said Rasul; and lastly
(g) that only one blow has been inflicted to the deceased.
H.B.T./G-295/L