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1978 P Cr. L J 811

MUHAMMA ANWAR ETC. vs THE STATE

Citation1978 P Cr. L J 811
CourtLahore High Court
Case No.Criminal Miscellaneous No, 2289/B of 1977
Date1977-07-03
Judge(s)M. S. H. Qureshi
ResultPetition allowed

ORDER

' The three petitioners are facing prosecution under section 307/324/34, P. P. C. For having made murderous assault on Zahur Din complainant and having inflicted injuries on him on 26.3-77 at 7- 30 p.m. Zahur Din at that time, had been coming to his house when he was surprised by the petitioners. Muhammad Anwar was armed with hatchet, his brother Muhammad Hanif son of Bashir with sota and the other petitioner Hanif son of Kaulu with hatchet. At the lalkera given by Anwar, Muhammad Hanif, son of Kaulu inflicted blow with his hatchet at the right of the back of the chest of the complainant. This was followed by hatchet blow given by Muhammad Anwar which hit the complainant on the back of the right shoulder. Two sota blows given by Muhammad Hanif son of Bashir then followed. On the arrival of witnesses, the petitioners are said to have fled the scene.

For motive, it is stated in the F. I. R. That earlier the same evening at 5-00 p.m. There had been an altercation between the complainant and Muhammad Anwar petitioner over payment of some money and although they had been separated but Muhammad Anwar had gone away saying that he would avenge the insult.

2. All the injuries sustained by the complainant are said to be simple in nature. The investigation is already complete and the challan submitted to Court. The petitioners have been in custody since the rarest 30.3-1977 in the case of Muhammad Hanif son of Bashir and 4-4-1977 in the case of the other two.

3. I have noted that the petitioners were refused bail by the learned Sessions Judge, Kasur, on 7-6- 1977. Considering the facts however, I am inclined to admit the petitioners to bail. They will accordingly furnish bail bond in the sum of Rs, 10,000 (rupees ten thousand only) each with one surety in the like sum each to the satisfaction of A. C., Chunian.

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