Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898) S. 497-Bail----[Murder trial] - Benefit of doubt - Prosecution evidence itself showing place of occurrence lying in fields of accused persons - Defence version that complainant party was aggressor and accused inflicted injuries on complainant party in self-defence appearing more plausible-F.I.R. lodged by complainant party not explaining any of injuries on persons of accused-Benefit of any doubt arising even at bail stage, held, would go to accused-Accused granted - bail, notwithstanding there being sufficient ground for commitment to Sessions Court.                                                                                                                            ORDER This is an application by Muhammad Aslam, Lal Zammarrud, Akbar, Suba, Daraaz and Noor Rehmat, for the grant of bail under section 498, Cr. P. C. They are accused of offences under sections 148 and 302/307/149, P. P. C. and have all been committed to trial by Syed Muzaffar Hussain Zaidi, M. I. C., Campbellpur by his order dated 29-4-1972. 2. The facts of the prosecution case as mentioned in the commitment order, areas follows :- On 6-10-1971 at about 9 a.m. the complainant Abdul Ghafur (P.W.11) alongwith his brother Sher Gul deceased was ploughing in the field bearing Khasra No. 1972 within the limits of village Kot Fateh Khan that the accused Lai Zammarud armed with hatchet, Muhammad Aslam armed with a spear, at d Suba Khan, Daraz Akbar and Noor Rehmat armed with sods came there, Muhammad Aslam accused attacked Abdul Ghafur (P. W. 11) with his spear but the latter caught hold of it and the two grappled with one another. Then Suba Khan and Akbar accused gave Abdul Ghafur (P. W. 11) laths blows as a result of which he fell down. Lai Zammarud and Daraz gave hatchet and soil blows to Sher Gul and in consequence Sher Gul fell down on the ground. Muhammad…