UMAR DIN Versus THE STATE

The present case was registered on 17‑3‑1988, at 5‑10 p.m. regarding an occurrence which took place on the same day at about 3‑30 p.m. 1t was stated by Mansha complainant that Jamil P.W., who resided with him, helped him in the last election to the annoyance of Allah Ditta, etc. accused. On 15‑3‑1988, Jamil passed from near the Dera of Allah Ditta, accused. He was given beating by Allah Ditta, Ashraf and Sardar who told him not to pass from that way again. Jamil came back home and asked the complainant to effect compromise between the parties. Accordingly, Mansha armed with his licensed gun, Zafar Iqbal deceased and Afzal P.W. armed with guns alongwith Muhammad Idrees, Ashraf and, Munawar Hussain went to the Dera of Oamar Din. They started talking about the compromise which resulted in exchange of hot words between Zafar Iqbal deceased and Qamar Din. It is alleged that Allah Ditta armed with gun, Gulzar, Muhammad Ashraf and Umar Din armed with sticks while Sardar armed with Phaura came there. Allah Ditta fired hitting temporal bone of Zafar Iqbal deceased. Gulzar gave stick blow on the head of 1drecs. Qamar Din (petitioner) gave stick blow in the check of Jamil. Ashraf and Sardar gave injuries to Mansha complainant with their respective weapons. Umar Din also gave stick blows to Idrees P.W. According to the F.I.R., the accused then grappled with the complainant party whereafter Muhammad Afzal P.W. fired which caused injuries to some of the accused. The result of the above fight was that Zafar Iqbal died at the spot. Idrees, Jamil and Mansha P.Ws. were injured. Similarly, Qamar Din, Umar Din (both petitioners). Gulzar and Sardar Khan accused were also injured. The four accused, in all received 13 fire‑arm injuries and 13 injuries by blunt weapon.

2. I have heard tile learned counsel appearing on behalf of the parties and have perused the record. According to the F.I.R., the motive was with complainant party because Jamil P.W. had been given beating two days earlier by Allah Ditta, etc. three accused. On the day of occurrence the complainant as well as Zafar 1rioal deceased and Afzal P.W. went armed to the Dera of Qamar Din accused for compromise which resulted in fight between the parties. The learned counsel for the petitioners, therefore, argued that even if the facts are admitted, then also the fight admittedly took place all of a sudden during compromise talk and at the best, the case would fall within the provisions of section 304(1), P.P.C.

3. Keeping in view the facts that the motive was with the complainant party; secondly, that the complainant party went to the Dera of Qamar Din accused armed with guns; and that the fight took place all of a sudden during compromise talk resulting injuries to both the parties, I find the case of the present petitioners, who have been ascribed only simple injuries to the witnesses, to be that of further enquiry. Umar Din and Qamar Din petitioners are, therefore, admitted to bail on their furnishing of bail bonds in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate, Okara.

Any observation on facts will have no bearing on merits of the case during trial.

M.Y.H./U‑26/L Bail granted.