ORDERAMIR MALIK, J.- The occurrence took place at Deegarwela on 8.12.1993 and the matter was reported to the police by Muhammad Tufail complainant the next day at 10.00 a.m. According to his version when he, his sons Pervaiz Akhtar and Ghulam Ali injured P.Ws, were out to dig earth for their tractor-trolley, they were assaulted by Faryad Ali petitioner with .12 bore gun, Akram co- accused with a Mauzar and Javaid co-accused with a 222 rifle and three others also armed with fire-arms. Pervaiz Akhtar was fired at and injured by Javaid and Mushtaq while Ghulam Ali was caught hold of and given Butt blows.
2. Learned counsel for the petitioner contended that the petitioner is behind the bars for the last five months, no injury is ascribed to him, three of the co-accused have been found innocent and the case of the petitioner was of further inquiry. Learned counsel for the State was not properly instructed, so case diaries have been looked into by the Court The case was thoroughly investigated and Faryad Ali and Akram produced their medicolegal certificates with the version that it were the complainant party who had assaulted in the first instance but their medicolegal reports were found bogus and the result of undue influence and their version incorrect.
3. Of course no specific injury is ascribed to Faryad Ali, petitioner but by his on version and his medicolegal certificates his presence in the occurrence is an admitted fact. Pervaiz Akhtar was seriously injured so-much-so that soon after being taken to the Hospital at Shakargarh he was advised to be shifted to Mayo Hospital, Lahore for further treatment. In view of the nature of the injuries to Pervaiz Akhtar and the weapon used and the participation of the petitioner being there in the occurrence, np ground for baiL The petition is dismissed.