Law:

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Criminal Procedure Code (V of 1898) ----S 497(2) Bail in murder case Material on record not showing as to which of accused caused fatal injury leaving room for consideration regarding common intention of other accused to kill deceased Held, case one of further inquiry Hail allowed. Aftab Ahmed Akhund Advocate and A. Aziz Dastigir, Advocate on Record for Petitioners. M. I. Meman, Additional Advocate General (Sind) for the State. Date of hearing: 28th January 1980. ORDER MUHAMMAD HALEEM, J. By a short order we had converted this petition into an appeal and allowed bail to the petitioners. These are the reasons for it. A case was registered against the petitioners and Lao Thaim at Police Station Jati under section 302 read with section 34, P. P. C. on 12th of August 1979, for causing the murder of Jummo at noon the same day over the opening of the watercourse. It was alleged that the first petitioner inflicted a hatchet blow with its sharp side on the arm. of the deceased while the other two gave hatchet blows on the other parts of the body. However, the first petitioner lodged a report earlier at 2 30 p.m. the same day in which he gave a counter version to the effect that he saw six cattle heads of the deceased Jummo giazing in his field whereupon he rounded theta for being taken to the cattle pound and on the way he was accosted by Jummo, Muhammad Siddiq and Pooro, who, in their attempt to rescue the cattle, caused hatchet and lathi blows to him and thus they succeed in rescuing the cattle. In regard to the dispute proceedings for keeping peace were pending between the parties. The deceased had five injuries out of which one was incised wound on his left forearm and the others were an abrasion, a bruise and a swelling. According to the doctor, the swelling on the back of the neck was…

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