AMPUTATION ITLAF-I-SALAHIYYAT-I-UDW. MURDEROUS ASSAULT 2010 SCMR 1861

IN THE COURT OF (NAME OF THE JUDGE),  ADDITIONAL SESSIONS JUDGE, (CITY).

(NAME OF THE PETITIONER ) Versus State

Case FIR No.	Offences	Police Station
000/0000	324/342/148/149 PPC XXX 337a2/337L2/337F1/148/149 PPC

PRE ARREST BAIL PETITION.

(DATE)

Present        (Name) Advocate counsel for the petitioner.  

                   Learned  DDPP for State.

Complainant  (name) along with his counsel Advocate.

                   This order will dispose off the above titled post arrest bail petition in the above noted case.

2.                Brief facts as alleged in the FIR lodged at the instance of complainant are that on 00.00.000 at 06:00 PM  he and his brother (name) were excavating earth from their land in Killa No. 00 when co-accused ADAD  threatened  the complainant through phone. The present petitioner  armed with 12 bore repeater gun, co-accused  armed with 30 bore pistol, co-accused armed with Sota along with 5/6 unknown persons having firearms arrived  and forcibly took (name)  to their Havely, where co-accused  gave Sota blow on head of injured, co-accused made blow with butt of pistol on left eye and present petitioner made direct fire with 12 bore repeater gun which hit left foot of Injured.  Two persons are cited as eyewitnesses.

3.                Learned counsel for the petitioner submitted that finger of foot is not vital part of body.  That such a firearm injury  is possible due to scuffle between the parties. That fire was not repeated.  That petitioner is in judicial lock up for three months and he is n o more required for investigation.

4.                Learned DDPP assisted by learned counsel for the complainant submitted that  FIR was registered promptly. That injury No.3-A is an entry firearm wound and injury No.3-B is  and exit firearm  injury wound. That said injury was declared ITLAF-I-SALAHIYYAT-I-UDW  but offence under section 336 PPC was not added by police. That similarly offence under section 367 PPC should be added.  That third toe of  injured person was amputated.  Reliance was placed on 2010 SCMR 1861.  

4.                I have heard the arguments and perused the record.

5.                Specific firearm injury on foot of injured  is attributed to present petitioner. This injury was declared by Causality Medical Officer as ITLAF-I-SALAHIYYAT-I-UDW. Apparently, offence u/s 336 PPC also attracts to the petitioner. Learned counsel for the complainant has shown  photocopy of surgical notes  of Medical Officer Orthopedic Department Main Hospital which show that third left toe was amputated. This record is also prima facie attracts offence under section 334 PPC.  The petitioner is also prima facie connected with offence to commit Qatl-e-Amad. These offences fall under prohibitory clause of section 497 of Cr.P.C.  THEREFORE, PETITION IS DISMISSED.  File be consigned to the record room after its due completion.

Announced

( date)

Addl: Sessions Judge