Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898)----S.497--Penal Code (XLV of 1860), S.302/34/149/147--Bail, grant of--Medical evidence belying ocular evidence with regard to injuries allegedly caused to deceased by accused--Eye-witnesses were chance witnesses and related inter se--Bail granted. 1984 S C M R 206; P ~L D 1985 Kar. 27; 1985 S C M R 565; 1984 S C M R 530; P L D 1974 S C 81; P L D 1982 S C 139; 1984 SCMR 128; 1985 S C M R 684 and P L J 1978 S C 290 (sic) ref. ORDER According to the FIR lodged on 4-3-1987 at 14.00 hours at P.S. Husri District Hyderabad under sections 149, 147, 302/34 PPC by complainant Ali Bux the present accused with other co-accused Majid Mir Bahar fired his gun on Miran Bux who sustained injuries on his chest and fell down. Other accused attacked him with a wrong side of hatchet, lathis and iron hars. The applicants/ accused Mohammad and Ashraf were said to be armed with lathis and Yousaf with hatchet. The injured Miran Bux died as a result of said injuries. The incident was witnessed by Ali Ahmed Shoro, Khuda Bux Shoro and Mohammad Bux Shoro. The accused /applicant Mohammad was arrested on 4-3-1987 and the lathi was allegedly recovered from him; whereas the accused/ applicants Ashraf and Yousuf were arrested on 9-3-1987 and it is alleged that lathis and hatchet were recovered from them. The said above-named weapons however, were not found blood stained. All the accused /applicants filed bail application in the Court of Additional Sessions Judge, Hyderabad. Their bail application was dismissed by the learned A.D.J. by order dated 3-5-1987. The learned counsel for the applicants has urged that the prosecution case mainly rests on the ocular evidence of Ali Ahmed, Khuda Bux and Mohammad Bux who are related inter se and are caste follows of the deceased. The eye-witnesses are chance witness ­and their presence at the scene of occurrence is doubtful. The allegations made against the applicants/ accused are of general and vague nature and no specific role has been attributed to any one of them.…

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