Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,324,34

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302, 324 & 34---Qatl-e-amd, attempt to commit qatl-e-amd---Bail, grant of---F.I.R. stated that over a dispute on the construction of the shop by the complainant, accused persons who were residing in the neighbourhood armed with hatchets, hard and blunt and wooden objects started abusing the complainant party where suddenly father of the complainant arrived on the motorcycle; and one of accused persons inflicted blows by the iron rod that he was carrying---Narration of F.I.R. could not establish that there was common intention to commit murder---Since accused's blows had injured one person; and the injuries were of the nature falling under S.337-A(i), P.P.C. punishable for two years only, they were entitled to bail---Involvement of accused under S.34, P.P.C. would be decided only when the entire evidence was recorded before the Trial Court---Accused were granted bail, in circumstances. 1999 SCMR 1360 and PLD 2010 SC 585 ref. 1989 SCMR 239; 1996 SCMR 1023; 2009 MLD 380; 2009 PCr.LJ 1058 and 2001 PCr.LJ 359 distinguished. ORDER FAISAL ARAB, JUSTICE:---.--- Applicants are booked in Crime No. 24 of 2010 of Police Station Shahpur under sections 302, 324, 34, P.P.C. There was a dispute with regard to the construction of the shop by the complainant party in the street and both the parties i.e. complainant and the accused live in the same vicinity and are also close relatives. The accused party objected to the construction of the shop in the common street and on such objection the dispute arose with the result father of the complainant Gulab lost his life and the uncle of the complainant Gul Hassan sustained injury on his head. The injury sustained by deceased Gulab is attributed to co-accused Arz Muhammad whereas the injury sustained by Gul Hassan on his head is attributed to present applicants. Learned Counsel for the applicants argued that the injury that has been sustained from the blows of the applicants is of in nature of 337-A(i), P.P.C. of the head of Gul Hassan i.e. from a hard and blunt object, which is punishable for two years whereas the deceased Gulab sustained injury from…

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