Case Details

Citation(s)
1980 SLG 1826 1980 SLD 1826 1980 PCRLJ 789
Sindh High Court
Criminal Bail Application No. 80 of 1979 Criminal Bail Application No. 116 of 1976, 21/01/1980
GHOUS ALI SHAH, J

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Waroo

VS

The State

Law:

Section:

Keywords: Custody, Consequences, Surety, Grazing, Evidence, Procedure, Merits Of The Case, Land, Investigation, F.I.R, Petitioner, Satisfaction, Testimony Result: Bail allowed ORDER The facts according to F.I. R. Lodged by one Allah Wadhayo on 26th June, 1978, at Police Station, Rustam of District Sukkur, are that Ibrahim (deceased).. Maternal uncle of the complainant, married Mst. Hati, and after his marriage, he 'stopped Karim Bux from visiting his house as he suspected him to be on illicit terms with his wife. Karim Bux and Qalander Bux got annoyed on this and threatened Ibrahim of bad consequences. Ibrahim was ploughing his land near Sind Wah on the day. Of incident whereas the complainant was cutting a jungle nearby his land Juman was taking grass (palal) from Dera and Jhangal was grazing his. Buffaloes of bank of Sind-Wah, when at about 9-30 a. m. Karim Bux, Waroo (applicant) and Qalander Bux came there. Karim Bux and Waroo. Had hatchets where. As Qalander Bux was empty handed. Qalander Bux instigated Karim Bux who inflicted a hatchet blow to Ibrahim on his forehead and so also Waroo and he after making cries fell down. The complainant, Juman and Jhangal ran towards them and the assailants seeing them coming ran away to northern side alongwith their hatchets. They did not chase them due to fear and found Ibrahim bleeding from the injuries lying unconscious there. The motive was annoyance on - account of stopping Karim Bux by the deceased from visiting his house. However Ibrahim subsequently expired. The police after usual investigation- sent up the applicant and Qalander Bux to stand trial under sections 302/34, 342 and 114, P. P. C. Whereas Karim Bux has been shown as absconder in the challan. The bail application was moved before the learned III Addl. Session's Judge, Sukkur, who was pleased to reject it. The learned counsel for the…
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