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1977 P Cr. L J 984

MUHAMMAD ANWAR AND OTHERS vs THE STATE

Citation1977 P Cr. L J 984
CourtBaghdad-ul-Jadid
Case No.Criminal Miscellaneous No. 709-B of 1976
Date1976-11-29
Judge(s)Dr. Javed Iqbal
ResultPetition allowed

ORDER

1. ' A case is registered against the petitioners along with Yaqub, co-accused, under section 302/148/149, P. P. C. The background of this case is that Liaqat All deceased had cut a joke with Ms:.

2. Muhammad Bibi, daughter of Muhammad Anwar petitioner. In order to retaliate, it is the case of the prosecution that Muhammad Anwar petitioner armed with a hatchet, Abdul Ghani petitioner armed with a hatchet, Abdul Sattar petitioner armed with a dang and Yaqoob co-accused (not before me) armed with .12 bore gun lay in hiding in a garden until the sisters of Liaquat Ali deceased parsed therefrom. It is stated that Mst. Naseem held by Abdul Sattar petitioner and on the alarm of M. Naseem as well as Mst. Parveen, Liaquat All deceased was attracted to the scene of crime alongwith other P. Ws. Thereafter, it is stated that the three petitioners with their respective weapons caused injuries to Noor Muhammad, father of Liaquat Ali decease:, Munawar Hussain, brother of the deceased, and Mst. Parveen, sister of the deceased. Mst. Naseem did not receive any injury. Then it is stated that Yaqub co-accused fired three times through his gun and his shots hit Liaquat Ali deceased who died on the spot. It is argued by the learned counsel that the three petitioners did not cause any injury to the deceased. According to the medical evidence Mst.

3. Parveen received five injuries which were caused by blunt weapon and were simple in nature.

4. Munawar Hussain received 15 injuries which were caused by blunt weapon and were declared simple in nature. Noor Muhammad received 13 blunt weapon injuries out of which one on the finger was declared grievous as it had led to fracture and the rest were declared simple. The post- mortem examination report of Liaquat All deceased reveals that he had died as a result of the fire- arm injuries. It is submitted by the learned counsel that as a whole simple injuries bad been attributed to the petitioner and that it was yet to be determined as to whether section 148/149, P. P.

5. C. Were applicable to the instant case. Learned counsel for tee State has examined the medico legal reports and he is not in a position to controvert the stand taken by the learned counsel for the petitioners. Without expressing any opinion on the merits of the case, I allow bail to the petitioners subject to their furnishing security in the sum of Rs. 10,000 (Rupees ten thousand only) each with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Bahawalnagar.

6. This petition stands disposed of. .

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