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Criminal Procedure Code (V of 1898)-- ---S. 497(2) 1Jail Attempt though made in F.I.R. to explain injuries sustained by accused party yet injuries not appearing to be consis¬tent with medical evidence showing such injuries being not prima acts caused by bricks bats Petitioner complainant being himself faired in incident, question also for consideration whether be could have caused as many as 18 injuries to accused patty by throwing brick-bats Question as to who was actual aggressor, hell, required to be ascertained In view of circumstances surrounding occurrence and High Court rightly exorcised its discretion in granting bail to accused in question Penal Code (XLV of 1860), S. 302/34.[Bail]. JUDGMENT NASIM HASAN SHAH. J. By this petition the petitioner seeks leave to appeal against the order of the Lahore High Court, Lahore, dated 27.8 1977, whereby the respondent was granted bail. 2. As a result of an F. I. R. lodged with Police Station' Chakwal, District Jhelum, by the complaint petitioner Muhammad Nazis, a cast under section 302/ 34, P P. C. Was registered against Muhammad Sadiq (respondent No. 1 herein"). his wife Miss. Rashida Begum and his son Zahoor Ahmad for the murder of Allah Ditto, father in law of the complainant petitioner. According to the allegation in the F, I. R. some five or six days prior to the occurrence, Zahoor Abroad co accused son of respondent No. t tried to molest the daughter of the petitioner but the latter managed to escape and ran back to her house. This led to an exchange of hot words between Muhammad Sadiq, respondent No. 1 and the complainant but on the Intervention of ore Ghulam Yasin the matter ended there. On the day of occurrence, at about 7 15 p. m., this said Zahoor Abroad holding a radio switched at a high pitch went up and down the street in front of the complainant petitioner's house. This was objected to by Allah Ditta (deceased) whereupon the said Zahoor Ahmad accused went back to his house. However, a little while later, he returned armed with a chhuri He was accompanied by respondent No. 1 who was armed with a hockey stick, and his wife Mst. Rashida Begum who was armed with adanda. Respondent No. 1 and his wife…

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