' Liaqat, petitioner, along with three others, named, Narim Hussain, Sa hir and Bashir Hussain is accused of the murder of Abdul Hameed and of causing injuries to Fazal Karim P.W. The incident occurred at about 3-00 p.m. On 18-121987 in the house of the deceased situate in Iqbal Street, Mohallah Nia Adda, Kharian and was reported to the police by Mst. Rehmat Bibi, widow of the deceased, at 3-30 p.m. The same day. The prosecution case is that about a year before the incident, Abdul Hameed, deceased, had been paid Rs,15,000 by Muhammad Saghir accused for having his relatives sent to a foreign country. The deceased failed to fulfill his promise and returned Rs,11,000 to Muhammad Saghir through his mother-in-law. Muhammad Saghir insisted for the repayment of the remaining Rs,4,000 also but Abdul Hameed, deceased, would not pay saying that he had kept that sum on account of Kharcha. On the day of the incident, the deceased along with Fazal Karim, brothers of Mst. Rehmat Bibi, was sitting in the courtyard of his house when the petitioner and his co-accused went there. Liaqat, petitioner, and Muhammad Saghir were carrying Dandas and Nazim Hussain and Bashir Hussain were empty-handed. They asked Abdul Hameed, deceased to pay them the remaining amount. Abdul Hameed said that whatever he had to pay, he had already paid. Bashir Hussain shouted that Abdul Hameed should be taught a lesson for not returning the money. Muhammad Saghir accused gave a Danda blow on the head of Abdul Hameed. Liaqat petitioner, gave a Danda blow on the left wrist of the deceased; Abdul Hameed fell down and Nazim Hussain and Bashir Hussain hurled brick-bats at the deceased hitting him on various parts of his body. Fazal Karim intervened to save him and Nazim Hussain also hit him with a brick bat. Abdul Hameed died at the spot.
2. Of the accused persons, Nazim Hussain and Bashir Hussain were allowed bail by the learned Sessions Court.
3. The post-mortem examination report shows that the deceased suffered five injuries, four being abrasions and one being a swelling 5 c.m. x 2 c.m. On right parietal region. This last mentioned injury was fatal; as noticed above, it was attributed to Muhammad Saghir accused.
4. It is stated that the accused persons including the petitioner were arrested on the same day and Nazim Hussain and Bashir Hussain were found to have injuries on their persons; the police had them medically examined for their injuries on 12-12-1987. The doctor found Bashir Hussain to have three injuries; one of them was a lacerated wound 2 c.m. x 1/2 c.m. Skull deep on the right side of head, Nazim Hussain also had injuries; one of them being a lacerated wound 21/2 c.m. x 2 c.m.
Scalp deep. Both were advised X-rays of skull. It is also stated that cross-complaint has been filed by Nazim Hussain accused under section 307, 325 etc. Of the P.P.C. A copy of the complaint has been placed on the record. There the case of the accused persons is that the petitioner and his co- accused had gone to the house of Fazal Karim and Abdul Karim etc. To condole the death of the mother of Abdul Hameed and there a dispute occurred over the repayment of the money; this led to an exchange of abuses and then to a fight and Abdul Haleem and Abdul Karim had caused injuries to Nazim Hussain and Bashir Hussain.
5. It is maintained that the injury attributed to Liaqat, petitioner, was a simple injury on a non-vital part of the body; that in the F.I.R. No mention whatever was made of the injuries to Nazim Hussain and Bashir Hussain and that as the incident had occurred suddenly, the vicarious liability of Liaqat petitioner requires further inquiry. It is maintained that the petitioner and his co-accused belonged to different places; while Nazim Hussain and Liaqat were residents of Sarai Alamgir; Muhammad Saghir was a resident of Saido Nigar within the limits of Police Station Kakral and Bashir Hussain was a resident of Karala, within the limits of Police Station Saddar Jhelum and this lends support to the case as laid in the complaint, namely, that the petitioner and his co-accused being relatives of the complainant party had gone to the house of Abdul Hameed, to condole the death of his mother and there the incident had occurred suddenly without any pre-meditation. In these circumstances, I am of the view that there are sufficient grounds for further inquiry into the guilt of the petitioner and also that the question whether the petitioner, who caused a simple blow on the left wrist of the deceased was vicariously liable for his death is open to further inquiry. I, therefore, allow the petitioner to be released on bail on his furnishing bail bonds in the sum of Rs,20,000 (Rupees twenty thousand) with two sureties in the like amount to the satisfaction of the A.C./Ilaqa Magistrate concerned.