1. ' Applicant is facing trial in an offence under sections 324 and 504, P.P.C. Arising out of Crime No,15 of 2000 Police Station Mehar.
2. ' The brief facts giving rise to this bail application are that on 24-1-2000 Mst. Rasheeda lodged First Information Report with Police Station, Mehar, stating therein that injured Mst. Amiran is her mother, his father Mithal is residing at Saudi Arabia since long. It is stated that her maternal uncle Ghulam Rasool was annoyed with her mother over the matrimonial affair of her sister Faridan. Ghulam Rasool, the maternal uncle of complainant used to say that he would kill her mother Mst. Amiran.
3. ' On the day of incident, complainant and her mother Mst. Amiran her sister Farida, maternal aunt Begum and Waziran were available in the house when at about 4-00 p.m. Her maternal uncle Ghulam Rasool, Mooso and maternal cousin Ramzan entered the house, out of whom Ghulam Rasool was armed with revolver and remaining two were empty-handed. They abused Mst. Amiran over the engagement of Mst. Farida and Ghulam Rasool fired one after the other from his revolver upon Mst. Amiran. She sustained injuries on various parts of her body. Thereafter, the accused decamped from the scene of offence. The injured was removed to police station by the complainant and she lodged the F.I.R.
4. ' The police after registration of F.I.R., arrested the accused and submitted challan.
5. ' It is contended by the learned counsel for the applicant that the alleged injuries are caused on non-vital parts of the body. It is argued that P.Ws. Mst. Waziran, and Mst. Begum and Abdul Aziz have sworn their affidavits and exonerated the present applicant. It is stated that the case of applicant requires further enquiry and applicability of section 324, P.P.C. Is yet to be determined at the time of trial. Reference is made to:-
(1) Muhammad Nawaz alias Najja v. The State (1991 SCM R 111),
(2) Jan Muhammad v. Haji Noor Jamal and another (1998 SCM R 500),
(3) Asghar Ali v. The State (1997 PCr.LJ 1306),
(4) S. Aleem Khan v. The State (1999 PCr.LJ 140) and
(5) Aurangzeb v. The State (1999 PCr.LJ 230).
6. ' Mr. Ali Azhar Tunio, learned A.A.-G. Has opposed the bail application on the ground that applicant was armed with revolver. He fired indiscriminately against the injured Mst. Amiran. She sustained seven fire-arm injuries on various parts of her body.
7. The perusal of the record reveals that complainant Mst. Rasheedan and injured Mst. Amiran are the eye-witnesses of the incident. They have not sworn their affidavits and have fully implicated the present applicant in F.I.R. As well as 161 statement of injured. Applicant is real brother of injured Mst.
8. Amiran. He has fired one after the other towards the injured but it was her sheer luck that she survived and received seven fire-arms injures on various parts of her body. The applicant was arrested and revolver used in the commission of offence is recovered from his possession. There is strong motive appearing in the F.I.R. Against the applicant. The F.I.R. Is promptly lodged within half an hour. Specific part is assigned to the applicant. This is the day time incident and applicant has tried to take life of his own sister. The case-law referred to by the learned counsel for the applicant is distinguishable as section 324, P.P.C. Carries punishment in addition to the injuries sustained under section 337, P.P.C. Section 324. P.P.C. Is fully attracted to the case as the applicant tried his best to kill her. The affidavit sworn by some of the witnesses carries no weight as strong piece of evidence of injured witness and the complainant is sufficient to carry conviction.
9. ' Under these circumstances, at this stage it cannot be held that there are no reasonable grounds to believe that the applicant is not guilty of the offence with which he is charged. Bail is declined.