THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Criminal Misc. Application No.S-31 of 2022
Applicant: Imdad Hussain Dahani, through Mr. Rafique Ahmed K. Abro, Advocate
Respondents: Proposed Accused through Mr. Bilal Khan Lashari, Advocate.
The State: Through Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh.
Date of hearing: 20.10.2022
Date of Order: 20.10.2022
O R D E R
AMJAD ALI SAHITO, J.- Through this Criminal Miscellaneous Application, applicant has impugned the Order dated 25.01.2022, passed by learned Sessions Judge/Ex-Officio Justice of Peace, Jacobabad.
2. Facts in nutshell are that on 09.08.2021 applicant alongwith his father Muhammad Sachal son of Allah Warrayo Dahani and maternal cousin Aamir Ai and Abid Hussain sons of Muhammad Jurial Dahani proceeded from their houses to look after their land and when they reached at land, it was about 07:30 a.m., they saw proposed accused Haji Khan, Sher Khan with lathis, Amanullah, Deedar Ali, Roshan and Imamuddin sons of Sawali with lathis and 02 unknown persons with open faces, could be identified if seen again, armed with T.T. pistols were present at their land as an when proposed accused saw applicant party, proposed accused Sher Khan and Roshan said the applicant party why they came at land and instigated other proposed accused not to spare them and kill them, to which proposed accused Haji Khan caused lathi blow to Muhammad Sachal at his right leg, accused Sher Khan caused lathi blows to Muhammad Sachal at his right shoulder and back of his head, accused Amanullah caused lathi blow to Muhammad Sachal on his right shoulder, accused Deedar caused lathi blow to Sachal on his left knee, accused Imamuddin also caused lathi blow to Muhammad Sachal on his left leg. The applicant party tried to rescue Sachal, to which all accused caused kicks, fists and lathi blows to the applicant, which hit on his forehead and nose, the applicant party cries that unknown persons straight pistols at applicant party and extended threats of the dire consequences. The blood was oozing from wounds of applicant and his father Sachal. On the cries of the applicant party other villagers came running, proposed accused seeing them approaching, fled away alongwith their lathies and weapons.
3. After the incident injured Muhammad Sachal was shifted to hospital where the Doctor issued Provisional as well as Final Medical Certificates, due to injuries he was shifted to C.M.C.H. Larkana for further treatment, but he succumbed to injuries. The applicant appeared at the police station, but the S.H.O concerned refused to lodge F.I.R. as per his verbatim. Thereafter the applicant filed application before learned Sessions Judge/Ex-Officio Justice of Peace, Jacobabad, the same was also not allowed, hence he has filed the present Criminal Miscellaneous Application before this Court.
4. Per learned counsel, the cognizable offence has been committed by the proposed accused persons as due to their attack one person namely Muhammad Sachal has lost his life. He further submits that it is settled principle of law that no offence goes unchecked. As such he prayed that the S.H.O concerned may be directed to record the statement of the applicant if cognizable offence is made out then he should lodge F.I.R.
5. On the other hand, learned counsel appearing on behalf of the proposed accused submits that infact death of the deceased was natural and such medical certificate was also issued by the AMS(City Block), Chandka Medical College Hospital, Larkano. In support of his contentions, he has also produced death certificate. As such he opposed for registration of the F.I.R. Learned Deputy Prosecutor General also supports the contention of the learned counsel for the proposed accused.
6. Heard and perused. During pendency of this application, the report was called from the Medical Officer Taluka Hospital Garhi Khairo, today Dr. Mahmood Riaz Mangi, Taluka, Senior Medical Officer, Taluka Hospital Garhi Khairo appeared and submits that report which shows that postmortem was conducted on dead body of deceased Muhammad Sachal and as per postmortem report there is fracture and laceration at the side the injuries. It is settled principle of law that no offence goes un-checked, as in the instant case one person namely Muhammad Sachal has lost his life.
7. In view of above, this Criminal Miscellaneous Application is allowed and the impugned order is set aside with directions to the S.H.O, Police Station Punhoon Bhatti to record statement of the applicant as per his verbatim and if cognizable offence is made then he shall register F.I.R. However, it is made clear that no arrest shall be made until and unless tangible evidence has been brought on record.
J U D G E
Manzoor