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ABDUL GHAFOOR versus STATE


Section 497 Section 497 was alleged to have illicit relations with the applicant's sister, though she was prevented from going to her house and allowed to kill at her house, in the circumstances

1979 P Cr. L J 442

[Lahore]

Before Gulbaz Khan, J

ABDUL GHAFOOR AND OTHERS---Petitioners

versus

THE STATE

Criminal Miscellaneous No. 3502/B of. 1978, decided on 24th October 1978.

Criminal Procedure Code (V of 1898)---

S. 497-Deceased suspected to have illicit relations with petitioners' sister, although stopped from visiting her home yet persisting and murdered when gone to her house---Bail allowed, in circumstances.

Ch. Abdul Aziz for Petitioners.

Pervaiz Saleh for the State.

ORDER

Khan deceased was a resident of Chak No. 342/JB. The present occurrence had taken place in the house of Mst. Hamidan Bibi widow of Ali Sher. The case was registered on the statement of Ghulam Muhammad, a brother of Khan deceased. According to the F. I. R., the deceased had gone to the house of Mst. Hamidan Bibi in order to convey some message where he was done to death by the present petitioners, who were armed with hatchet and sticks. The motive for the present occurrence was that deceased was suspected to have illicit relations with Mst. Hamidan Bibi and the petitioners had stopped the deceased from visiting the house of their sister Mst. Hamidan Bibi. Admittedly, the occurrence had taken place in the house of Mst. Hamidan Bibi and the deceased resided in another village. Abdul Ghafoor and Abdul Rashid are brothers of Mst. Hamidan Bibi while Abdul Hamid is stated to be their cousin. The petitioners committed the murder of the deceased when he had gone to the house of their sister Mst. Hamidan Bibi. Without expressing any opinion as to what offence was committed. I admit petitioners to bail in the sum of Rs. 10,000 (Rupees ten thousand only) with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Faisalabad.

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