The petitioners are accused in case F.I.R. No. 210 dated 1-9-1994 for the offences under section 324/334/34, P.P.C. Registered at Police Station Karam Dad Qureshi, District Muzaffargarh, and have applied for bail after arrest after the same having been refused by the learned Additional Sessions Judge, Muzaffargarh.
2. The facts of the prosecution case are the on 1-9-1994 at 12 p.m. When the complainant's son Allah Bakhsh reached the place of occurrence, he was ambushed by the petitioner. Muhammad Nawaz gave a hatchet blow which injured Allah Bakhsh on his right shoulder. Thereafter all the petitioners overpowered him and fell him on the ground. Karam Hussain petitioner cut off his nose and chopped off his upper lip as well. Petitioner Muhammad Nawaz amputated his right hand.
Muhammad Nawaz and Karam Hussain petitioners clasped Allah Bakhsh and petitioner Abdul Ghafoor amputated his left arm from the elbow joint. Petitioner Abdul Ghafoor gave a blow from the wrong side of the hatchet which hit Allah Bakhsh on his right shank.
3. I have heard the learned counsel for the petitioners as well as the learned counsel for the State and perused the record minutely.
4. The petitioners were armed with deadly weapons. They committed gruesome offence in a very reprehensible manner. The offence under section 334, P.P.C. Is not only punishable with Qisas but also punishable with ten years' rigorous imprisonment. The petitioners acted in furtherance of their common intention to kill Allah Bakhsh. The statements of the petitioners before the police reveal that there was a rumour that Allah Bakhsh was having illicit liaison with the wife of Karam Hussain petitioner. She was not having her company with Allah Bakhsh when he was ambushed. Even if the petitioners were of the opinion that the story relating to the narrated amorous intrigue was correct, then the worst the petitioner Karam Hussain could do was to divorce his wife. Shariah does not allow any one to commit the offence on hearsay evidence. The facts and circumstances of the case do indicate that the petitioners behaved like hardened criminals.
5. For the foregoing reasons this bail application is hereby rejected.