MUMTAZ KHAN Versus STATE

Mumtaz Khan petitioner alongwith three others is charged with the murder of Mst. Shahnaz Akhtar (14) deceased and causing injuries to Muhammad Tufail, Parveen Akhtar and Tanvir Ahmad over some land dispute.

2. It is stated that a day before the occurrence a quarrel had taken place between Muhammad Aslam father of the deceased and Sardar Khan father of the petitioner. On the following day, Sardar Khan and his sons Mumtaz Khan petitioner, Muhammad Ilyas and Muhammad Abbas carrying a hatchet and sticks came to the house of the complainant party and started abusing them. When they were asked to desist from it, the accused named above assaulted Muhammad Tufail, Parveen Akhtar and Tanvir Ahmad with their respective weapons. Mst. Shahnaz Akhtar deceased tried to rescue the injured but fell down on account of the push given by Mumtaz Khan petitioner. The injured were removed to' the hospital where Mst. Shahnaz Akhtar succumbed to the injuries.

3. During her post-mortem examination no internal or external injury was found on her body. Later a Medical Board was constituted which got the dead body of the deceased exhumed on 31-7-1993. According to the report of the Medical Board the dome of the grave was lost due to flood and mud was moved into grave with flow of water over and around the dead body. The Board observed on the basis of X-ray examination that there was communited fracture with disalignment of segments evident on 3rd cervical vertebra. Edges of the fracture segments were sharp. In the light of the above observation the Board came to the conclusion that the death was due to injury to the spinal cord which was sufficient to cause death in the ordinary course of nature.

4. Mumtaz Khan seeks bail on the ground that the prosecution has suppressed the material points, in that, there is no explanation of the head injuries suffered by the petitioner and his father. Sardar Khan. In all, 9 blunt weapon injuries were found on the petitioner, his brother Abbas and Sardar Khan. It is further stated that as per F.I.R. he was carrying the hatchet but he did not use it during the occurrence. He is merely alleged to have given a push to Mst. Shahnaz Akhtar deceased, which led to her death. According to the post mortem report she died due to cardiopulmonary arrest.

5. Except the petitioner, all the other co-accused are stated to be on bail. The investigation is complete and the challan has been submitted to the Court. The petitioner is not alleged to have used any weapon to cause injury to the deceased. Injury to her spinal cord was detected after about four and half months of her burial.

6. It is yet to be seen whether the said injury was ante-mortem or post mortem. In the above circumstances, the petitioner's case is one of further E inquiry. Accordingly, he is admitted to bail in the sum of Rs.50,000 with two sureties in the like amount to the satisfaction of the learned trial Court.

N.H.Q./M-1793/L Bail allowed