Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Criminal Procedure Code (V of 1898) S. 497 (2)-None of parties giving true version of incident and facts in counter version requiring further inquiry to determine aggressor in commission of offence-Bail allowed. Ali Murad v. State 1976 P Cr. L J 520; Abaid-ur-Rehman v. State 1977 P Cr. L J 2C4; Muhammad Arshad v. State 1976 S C M R 124 and Ata Muhammad v. State 1-975 P Cr. L J 462 ref.                                                                                                   ORDER The facts according to F. I. R. lodged by one Angan on 8thMay, 1978, at Police Station Deharki of District Sukkur, are that Saindad (deceased) is his relative who resides near Jhangal Malik village. It was on 24thFebruary, 1978, when Saindad (deceased) and others had declared their maternal aunt, Salim Khatoon as "Karl" with one Sahib Malik and they had caused injuries to her for which a report was lodged at Police Station Debarki in which Saindad and others were challaned and subsequently released on bail by Sessions Judge, Sukkur. Saindad had been asking for faisla from Sanwan Malik, brother of Sahib Malik who refused to give faisla to him. Saindad told them that they would take faisla from them. About 10/12 days prior to this incident Allah Wasayo had declared his brother Hussain's wife Allahwasai as "Kari". The complainant came to village Jhangal Malik for purchasing Bidis and went to hotel of Hamid Bhutto for taking tea where Asghar, Mirza, Saindad were also sitting. It was at about 11-00 a.m. when Saindad left and started going along with Retti Road in front of hotel of Sanwan Malik and they heard commotion. They got up and saw Allahwasayo Bhutto and Miro Malik armed with guns, Jan Mohammad, Imam Bux, Sanwan and Kaloo Malik, with lathis. Sanwan instigated Allahwasayo and said that "Karo" was going, who was asking for faisla from them. On this instigation, they fired at Saindad which hit him and he…