Law: Criminal Procedure Code (V of 1898)

Section: 497/498

Criminal Procedure Code (V of 1898) S. 497/498-Bail -- Vicarious liability-Record showing deceas ed being not hit by petitioners and only P. Ws. suffered simple injuries at their hands-Question of vicarious liability, held, should not be deeply examined at bail stage-Whether or not petitioners shared common intention to commit murder of deceased being matter requiring further inquiry, case apparently falling within purview of subsection (2) of S. 497, Cr. P. C.--Bail granted in circumstances.-[Vicarious liability].                                                                                                                   ORDER A case was registered against the petitioner and 8 others under sec tion 302/307/148/149/447, P. P. C. A dispute subsisted between the parties regarding the possession on of land. The allegation is that the petitioner N. 2 and Ahmad Nawaz co-accused trespassed into the land, which was in possession of the deceased and cultivated by her husband, i.e. the com plainant. The complainant came to the site. He was followed by Mst. Alam Khatoon deceased, the petitioner and the co-accused fired at her as well as P. Ws. with the result that she was hit fatally and whereas P. Ws. were also injured. 2. The bail having been refused to the petitioners by the learned Sessions Court they have now moved this Court to the matter. The learned counsel for the petitioners contends that they did not fire at the deceased; the only role attributed to them is that they fired at the P. Ws.…