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K.L.R. 1998 Criminal Cases 475

GHULAM MUHAMMAD vs ALLAH DITTA And Other

CitationK.L.R. 1998 Criminal Cases 475
CourtLahore High Court
Case No.Criminal Miscellaneous No. 926-BC of 1997,
Date1997-11-11
Judge(s)Raja Muhammad Khurshid
ResultN/A

ORDER

RAJA MUHAMMAD KHURSHID, J.- This petition is moved for the cancellation of to the respondents by the learned Additional Sessions Judge, Chakwal, in a case registered against them and others under sections 324, 148 and 149 PPC vide F.I.R. 66, dated 16.7.1997 registered at Police Station Tammon. District Chakwal.

2. According to the FIR the respondent Allah Ditta had given a hatchet blow on the head of Ghulam Muhammad complainant which caused injury No.1 shown in the medico-legal report. It was kept under observation and later on it was found to be 'Shajjah-i-Mudia'.A Medical Board was constituted for re-examination of the victim i.e. The complainant Ghulam Muhammad which submitted its report (Annexure-G) showing seven injuries on the person of the victim. Injuries Nos. 1 to 3 were stated to be inflicted with sharp edged weapon whereas the rest were caused with blunt weapon. The Board was of the opinion that nothing could be said about the nature of weapon in respect of injuries Nos. 1 to 3. It was also observed that "if circumstantial evidence favour, possibility of self-suffering cannot be excluded".

3. Learned Court below taking into consideration the medical evidence and the nature of the injuries came to the conclusion that it is a case of further inquiry and admitted the respondents to bail. The cancellation is sought on the ground that the injury was caused on the head which is a vital part of the body and as such, the bail should have not been granted without any extenuating circumstance. Since there was no extenuating circumstance in this case, therefore, the respondents afore-named were not entitled to the concession of Bail.

4. I have considered the foregoing submissions and have gone through the record with the help of the learned counsel for the parties. The respondents 'are already on bail, the weapon used during the occurrence is conventional such as hatchet, the possibility that the injuries attributed to the respondents could be self- sutiered cannot be ruled out in view of the report of the Medical Board.

Therefore, without entering into the deeper appreciation about the merits of the case, it is enough to say that it is a case of further inquiry. The bail was rightly granted and there is no convincing ground to cancel the same: The petition is accordingly dismissed.

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