BASHIR Versus THE STATE

ORDER

1. The applicant is facing trial under sections 302, 324, 323, 504, 148 and 149 P.P.C. before the learned Sessions Judge, Hyderabad.

2. The brief facts are that on 9-7-1987 at 7-45 p.m. the applicant and the co-accused went to the bazar of village Shahmir duly armed, where complainant Shash Din, Nooh (deceased), P.W. Ismail, Shaukat Ali and Muhammad Issa were present. According to F.I.R. accused Mohammad Soomar was armed with Lathi and he asked the complainant and deceased Nooh as to why they had disturbed flow of irrigation water to their lands. The complainant and Nooh denied the allegations and were prepared to take oath that they had not done anything. On this accused abused complainant Shamsh Din and Nooh, and attacked them. Present applicant Bashir Ahmad is alleged to have been armed with hatchet and gave a hatchet blow with its sharp side on the head of Nooh, Muhammad Soomar and Nabi Bux gave Lathi blows to Nooh on his back and he fell down. Applicant Bashir Ahmad gave another blow to Nooh over his chin. Accused Soomar and Nabi Bux also gave Lathi blows to the complainant. Accused Shaukat Ali and Ali Muhammad who are alleged to have been armed with revolvers, fired in the air. The complainant was also given fist and kick blows. In the meantime Ismail, Shaukat Ali and Muhammad Issa intervened and separated the 'parties. The accused then went away. Injured Nooh was bleeding from his injuries and had gone unconscious. He was removed by the complainant to Sekhat Police station-where the complainant lodged his F.I.R. Injured Shamsh Din and Nooh were referred to the Medical Officer, Matiari, and then to L.M.C. Hospital, Hyderabad. However, injured Nooh succumbed to his injuries on 10-7-1987 at 5-30 a.m.

3. On the other hand co-accused Nabi Bux lodged report at P.S. Sekhat at 9 p.m. inter alia alleging therein that they owned land in Deh Bao-Dero. That their turn of water started on 9-7-1987 and they took water towards their land. After some time someone from the accused Nooh side had tampered with the water of their land and the same was flowing in the land of accused Nooh. That they then closed the water. Today he, his father Mohammad Soomar, and his brother in-law Shaukat Ali were standing on the raised platform of his flour mill in the bazar of their village, light was on, when at about 7-45 p.m. accused Nooh, Ismail and Hassan all sons of Gul Mohammad, by caste Memon armed with hatchets came there. The complainant party asked. them as to why they had tampered with water on which the three accused started abusing them. The complainant party told them to behave properly and not to abuse. In the meanwhile their other relations namely Shamsh Din Allahdino, Abu Talib, Hashim, Muhammad Issa and. Nooruddin came running. Accused Nooruddin and Allahdino had Lathies in their hands. Shamsh Din, Hashim and Muhammad Issa had hatchet.' Accused Hassan gave a sharp side hatchet blow on the head of Sbomar, father of the complainant. Accused Allahdino gave a Lathi blow to his father Soomar on his back, who fell down. Accused Shamsh Din gave a sharp side hatchet blow on the head of the complainant, while accused Nooh gave sharp side hatchet blow on the head of Shaukat Ali. In the meantime Bashir Ahmad brother-in-law of the complainant came running to rescue them and tried to intervene when accused Shamsh Din gave a sharp side hatchet blow on his head from behind. Accused Hashim gave sharp side hatchet blow to Bashir Ahmad on his chest. Accused Muhammad Issa gave a sharp side hatchet blow on the hand of Shaukat Ali. Accused Noor Din gave Lathi blow to Soomar on his back. In the meantime Haji Mohammed Saleh and Mohammad Uris came, intervened, and separated the parties. The accused then went away to their houses. The complainant then brought the injured to P.S. and lodged his report.

4. The applicant and co-accused moved an application for bail before the learned Sessions Judge, Hyderabad, who was pleased to release co-accused on bail while application of the present applicant was dismissed vide order dated 16-8-1987.

5. I have heard Mr. Ghulam Hyder Memon for the applicant and Mr. S. Sarfraz Ahmad, A.A.-G. for the State.

6. It was contended by Mr. Ghulam Hyder Memon that there are counter cases between the parties and it is yet to be seen as to who was the aggressor. He has further contended that number of persons have been injured on the side of the applicant but the prosecution has failed to explain the injuries on their persons. That the parties had met by chance and there was exchange of hot words before the incident and, therefore, it cannot be said at this stage that the applicant had motive to kill deceased Nooh.

7. Mr. S. Sarfraz Ahmad, A.A.-G. has conceded to the grant of bail to the applicant in view of the above circumstances.

8. I have considered the contentions of the learned counsel and have gone through the F.I.R. It is an admitted position that there are counter cases between the parties, and that persons from both sides have been injured. That both the parties have failed to explain the injuries caused to the other side. The place of incident is a bazar and it cannot be said at this stage as to who was the aggressor. The learned counsel appearing for the State has also conceded to the grant of bail to the applicant. I, therefore, direct that applicant shall be released on hail on furnishing surety in the sum of Rs.1,00,000 (Rupees one lac) and P.R. bond in the like amount to the satisfaction of the trial Court.

9. S.A./B-77/K Bail granted.