Law: Criminal Procedure Code (V of 1898)

Section: 498, 497(2)

Criminal Procedure Code (V of 1898) S. 498 read with S. 497 (2)--Bail-Circumstantial, evidence supporting accused party s plea that deceased's party trespassed into their house eventually leading to exchange of brick-bats-One brick hitting deceased on head fatally-Incident sudden and unpremeditated and no evidence suggesting someone deliberated, aiming brick at deceased's head--Accused a college-going boy end in his teens- Case, held, covered by S. 497 (2), Criminal Procedure Code, 1898- Accused admitted to bail in circumstances. ORDER This is a petition for bail under section 498, Cr.P.C. 2. The prosecution case, as contained in the F. I. R. briefly stated is this. On the 2nd of April 1970, at 10 p. m., Chanan Din lodged a report with Police Station Gulberg, Lahore, wherein lie stated that on the day of the occurrence, he along with his son, Saleem, and Sadiq, Zafar Yar, Shamshad and Idrees were sitting outside his office when someone at 5-30 p.m., told him that his brother's son Nasir, had some; dispute over pigeons with Shameem, Naseem and Naeem whereupon Chanan Din detailed his son, Saleem, to rescue him. Saleem, it is alleged, rescued Nasir and on his return lie narrated the whole incident to his father, Khushi Muhammad. Khushi Muhammad took Nasir to the parents of the accused to complain against their conduct. It is further alleged that after a while, Chanan Din heard some noise emanating from the house of. the accused and, therefore, he along with Saleem, Zafar Yar, Shamshad and Idrees, ran towards the house of the accused, and found that there was uproar of some woman in the house of the accused and that Shameem, Nasim and Naeem were on the roof top of their house and were throw ing brick-bats. It is alleged that a brick resulted in the head injury to Khushi Muhammad who succumbed to the injuries subsequently. 3. Learned counsel for the petitioner urged that the prose cution did not explain the injuries borne by the mother of the accused in this conflict, and that the presence of the blood in the verandah of the house and the damage to the window-panes of the house go to show that the deceased and his companions were the aggressors. He also…