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Criminal Miscellaneous No. 3053/B of 1976, decided on 9th September 4976.

---S. 497‑Prosecution case against petitioners entirely hinging on circumstantial evidence‑Dead body of deceased not recovered and other incriminating articles recovered after about a month of occur rence‑‑P. Ws. biased against petitioners and having a previous enmity‑Possibility of petitioners, having killed deceased under provocation, finding her with accused, existing‑Petitioner allowed bail, in circumstances.

Mian Muzaffar Ahmad for Petitioner.

Muhammad Sharif Upple for the State.

Mst. Aasia deceased left her house on the night of 5‑4‑76 and reached the house of Mohammad Yar complainant. It became known in the village that the deceased had eloped. The complainant kept the deceased in his house for two days. On 7‑4‑76, at 8/9 p.m. the complainant left his house along with the deceased and when both of them reached near a bridge in the area of Punjab Sangla, the petitioners who were sitting in an ambush came out all of a sudden and threw challenge whereupon the complainant fled away. The petitioners took away Mst. Asia. The complainant made enquiries and learnt through Muhammad Hussain and Ira that they had seen the petitioners taking away Mst. Aasia towards Jhal. The complainant expressed apprehension in the F. I. R. which he lodged, on 21‑4‑76, at Police Station, Sukheke, that the deceased was done to death and thrown in the canal. The case was investigated. The petitioners are alleged to have made confession before Mohammad Abbas and Muhammad, on 6‑5‑76. Fatta led the police to a place wherefrom the blood‑stained earth and some bones were recovered. Shera petitioner pointed out a place wherefrom some woman hair were recovered. Saif petitioner produced blood‑stained hatchet.

2. The learned counsel for the petitioners contended that there was a delay of 14 days in lodging the F. I. R. and the complainant did not give any explanation about the delay that if the complainant had been present with Mst. Aasia, he could not have escaped that Mohammad Hussain and Isa who were cousins inter se were on inimical terms with the petitioners that the recoveries were falsely planted. The learned counsel placed on record a certified copy of the judgment of the learned Sessions Judge, Gujran wala, dated 20‑10‑73, in order to show that Shera petitioner and his other relatives were challaned for the murder of Qaim father of Ira P. W.

3. The prosecution case hinges on the circumstantial evidence. The dead body had not been recovered. The learned counsel was not wrong in advancing argument that if the complainant had been present he could not have escaped. It stands established from the copy of the judgment that Qaim father of Ira P. W. was murdered in which Shera petitioner and his other relatives were challaned and convicted. Diam father of Mohammad Hussain P. W., was a prosecution witness in the said cage. I have gone through the statements of Mohammad Abbas and Mohammad P. Ws. recorded under section 161, Cr. P. C. They are residents of Feroze Watwan. They happened to be present at the dera of the Lambardar when the five accused confessed their guilt. It was a joint confession. The place of murder was an open site and visible to the passers‑by. The recovery of blood‑stained earth and some bones had taken place about a month after the occurrence. Saif petitioner was alleged to have produced a hatchet, on 9‑5‑76. The deceased was closely related to the petitioners. According to the complainant, she had eloped with him and when the petitioners found them together they took away the deceased and committed her murder. If looked from that angle, it would be a case of provocation. Taking all the circumstances into consideration, I consider it a fit case for bail. The petitioners are allowed bail in the sum of Rs. 10,000 with one surety each in the like amount to the satisfaction‑of A. C/Duty Magistrate., Hafizabad.

Bail allowed.

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