ZAHID Vs. STATE

JUDGEMENT

(1.) A ladder is a vertical or inclined set of rungs or steps. It is an object used to climb and achieve heights, but sometimes, before jumping into a pit it may also be used after it is lowered in the pit, but before one jumps into the pit, to climb out of the pit. Never have we heard of a ladder sucking people into the void beyond life and being the cause for a few to lose their liberty. A wise man does not need a ladder, because he is a ladder himself. Regretfully neither side in the instant case appears to be wise nor do they appear to be aware of what a ladder is meant for. The humble ladder was the cause of two deaths and five injured on the one side and three injured on the other side.

(2.) THE dead are Chand and Shamshad. Mohd.Iliyas their brother, Rasheed, Shareef and Jameel their brothers -in -law and Husna the sister -in - law of Shamshad are the injured. On the other side are appellants Abdul Aziz and his brother Zahid who were injured and Bhuri the wife of Abdul Aziz.

(3.) SINCE Chand and Shamshad are dead, they could obviously not tell what happened which resulted in the two dying. Chand's post mortem report Ex.PW -13/A notes that he had two deep incised wounds having depth of 10 cm and 11 cm on the left side of the chest and one incised wound over back of right hand besides an abrasion which was reddish in colour over right side of forehead. Post mortem report of the dead body of Shamshad, Ex.PW -13/B notes that he had suffered two incised stab wounds, one in the epigastric area of abdomen having depth of 13 cm and the other on the left side of the chest being 18 cm deep besides a grazed abrasion which had turned red over front of left arm 15 cm below the top of the shoulder.