' Ghulam Nabi, Khadim Hussain and Ellab.0 petitioners have moved this petition for bail in a case registered against them and others under sections 148, 307, 440, 302/l49 of the Pakistan Penal Code.
2. The case of the prosecution is that on 23-8-1975 at about 11 the petitioners and their co-accused Haider, Jiru and Zahoori were grazing their cattle in the field of Miran Bakhsh complainant, Ghulam Nazuk son of Miran Bakhsh asked them to take away the cattle, whereupon co-accused Haider injured him with a dang. Ghulam Nazuk apprised his elders of the incident whereupon Miran Bakhsh complainant, Hussain Bakhsh deceased, Farid Bakhsh aid Piran Ditta went to the field and asked the petitioners and their co-acused to take away their animals. The petitioners and their co- accused who were armed with lathis, attacked them. Co-accused Jiru is alleged to have inflicted lathl blow on the abdomen of the deceased as a result of which he fell down. Then he and Zahoori accused gave him more laths blows. Haider, Jiru and Ellahu petitioner injured the complainant while Ghulam Nabi alias Nabia, Khadim Hussain and Ellahu petitioners caused injuries to Farict Bakhsh and Piran Ditta P. Ws. The complainant party also caused injuries to the accused persons.
3. The learned counsel for the petitioners contends that the injuries of the deceased are not attributed to the petitioners and the only allegation against them is that they caused simple injuries to the P. Ws. He further states that the petitioners and their co-accused received a large number of injuries at the hands of the complainant party which shows that it was a case of free fight, therefore, each accused is responsible for his individual act. He also states that the deceased sustained only two bruises and he death had occurred due to the rupture of the enlarged spleen therefore, there are no reasonable grounds for believing that the accused have been guilty of an offence punishable with death or imprisonment for life or imprisonment for ten years.
4. A plain reading of the F.
1. R. Shows that the complainant party came to the spot on being apprised of the beating given to Ghulam Nazuk by Haider, co-accused of the petitioner Ghulam Nabi petitioner had eleven injuries on his person out of which five were on the head. Manzoor alias lira had two injuries out of which one was on the forehead and Hazoor Bakhsh alias Zahoori had eight injuries, out of which four were on the head. The deceased had only two bruises one on the left lumber area and the other on the left shoulder back. The post-mortem report reveals that he had enlarged spleen which was torn. No injury of the deceased is attributed to the petitioners. A large number of injuries on the accused persons lends support to the contention that it was not a one sided affair. The injuries attributed to the petitioners are simple in nature. In view of the above circumstances, I admit them to bail in the sum of Rs, 10,000 (ten thousand) each with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Rajanpur.