Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Penal Code (XLV of 1860)

Section: 324/147/148/149

Criminal Procedure Code (V of 1898)     S. 497(5) Penal Code (XLV of 1860), Ss.324/147/148/149 Bail, cancellation of Case of the accused was not at par with that of co-¬accused as their role was not of equal nature Principle of consistency had no application in the case of the accused Role attributed to the accused was that he had caused injury with a hammer on the head of the injured person in order to cause his death Co accused were attributed only the role of causing injuries with fists and kicks and they were not allegedly armed with any weapon Medical report had fully corroborated the case of the prosecution to the extent of injury on the head of the injured Weapon of offence was an iron hammer sufficient to cause, death of a person and which lead been recovered at the instance of the accused in the presence of the witnesses Prosecution had cited independent persons .as prosecution witnesses who had seen the occurrence Bail already granted to the accused was cancelled in the circumstances.    Jan Muhammad v. The State 1971 SCMR 351; Ghallo v. The State 1986 PCr.LJ 700 and Muhammad Siddique and another v. The State PLD 1986 Sh. C (AJK) 56 ref.   Muhammad Noorullah Qureshi, Advocate for Appellant.   Kh. Farooq Ahmed, Advocate for Respondent No. 1.   Riaz Navid Butt, Addl. A. G. for the State.   Date of hearing: 9th December, 2002. JUDGMENT MUHAMMAD YUNUS SURAKHVI, C.J.This appeal has been directed against the judgment gassed by the Shariat Court on 30 4 2002, whereby respondent Ghulam Hussain Shah was released on bail. 2. The necessary facts, giving rise to the present appeal, are that the complainant, Dayam Mir, lodged a report on 27 3 2002 at 7 30 p.m. at Police Post Rara, on the basis of which a case was registered at Civil Secretariat Police Station Muzaffarabad on 28 3 2002 at about 12 35 a.m. It was alleged that the accused respondent was raising pillar on the back side of the house of his cousin, Yousuf Mir the complainant reprimanded him not to raise pillar in the thoroughfare but he took it as his disgrace. On 27 3 2002 at about 7 30 p.m. he alongwith Qayyum Mir, Yaseen Mir, Ch. Feroze Din, Yousuf Mir and…

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