On 25-5-1975 at about `Degarwela' in the area of village Samrala, Police Station Kharian, the petitioners alongwith nine others armed with deadly weapons allegedly attacked the complainant party, as a result of which Pehlwan suffered fatal injury and later died in the hospital, while Tariq Hussain, Muhammad Asghar, Rehmat Bibi and Fazal Begum were injured. Excepting Fazal Begum, who suffered a grievous injury, all the injuries on the persons of the injured were simple. From the accused side Manzoor Hussain and Abdul Khalq also sustained some injuries.
2. Motive for the crime was not clearly stated in the F.I.R.
3. The matter was reported to the police on the following day i.e. 26-5-1990 and case F.I.R. No.260 was registered at Police Station Kharian under sections 302, 307, 325,147,148, P.P.C.
4. It is argued on behalf of the petitioners that the registration of the case was delayed for more than 24 hours without any plausible explanation and no specific injury has been attributed to the petitioners, excepting Muhammad Munir, who has been assigned a Sota blow causing a simple injury on the left thumb of Tariq Hussain P.W. It is contended that it was not a concerted attack, rather, even according to the findings of the police, it was a free fight between the two factions which exchanged brickbats, resulting in injuries to certain persons on both sides, including a few ladies. It is urged that there were 15 injuries in all on the persons of the deceased and the four injured P.Ws. And the complainant party implicated as many as 14 persons therefor. According to the learned counsel Pehlwan (deceased) only received one injury on his head allegedly at the hand of Muhammad Rafiq co-accused and it ultimately proved fatal.
5. Since nobody has appeared on behalf of the State, it is not possible to ascertain its viewpoint.
However, S.I. Rashid Baig, who is carrying the record, states that the motive for the crime as gathered during the investigation was that there was a land dispute between Hassan Muhammad, one of the accused, and Muhammad Alam and the latter was being supported by the complainant party.
6. In the absence of any serious and specific motive it appears to be a case of free fight between the parties as a result of which 5 persons, including 2 ladies, were injured from the complainant side and out of the injured one subsequently died in the hospital, while 3 persons, including a lady, were injured from the accused party. Excepting the fatal injury on the head of Pehlwan Khan (deceased) and fracture of the right fore-aria of Fazal Begum P.W., rest of the injuries on the persons of injured from the complainant side were simple. Injuries on the persons of three persons from the accused party were also simple. It appears that a large number of persons have been implicated from the side of the accused and the petitioner in view of their innocuous role are granted bail if they furnish bail-cum---surety bonds in the sum of Rs.30,000 each with one surety each in the like amount to the satisfaction of the Assistant Commissioner/Duty Magistrate, Kharian.