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Criminal Miscellaneous No. 3685/B of 1978, decided on 22nd Novem ber, 1978.

-----S.497-Investigating Agencies recovering incriminating articles from petitioner-Medical evidence prima facie supporting prosecu tion version of F. I. R.-Eye-witnesses connecting petitioner with f occurrence-Nothing on record to show that Investigating Agencies was ever satisfied with innocence of petitioner nor record indicating that petitioners were shown in column No., 2 of challan-Bail declined, in circumstances.

Shahid Hussain Qadri for Petitioner.

In continuation of my order dated the 25th of October, 1978 the judicial file has been received and perused. The medical evidence indi cates that there is an incised injury on the right flank (Wakhi) of the deceased and there are many contused injuries on the back of the de ceased. The part ascribed to Noora petitioner is that he was armed with a ballam and he caused injury on the right flank of the deceased and that Sullah petitioner was armed with a sota and be gave sota blow on the back of the deceased. Thus prima facie the medical evidence supports the prosecution version in the F. I. R. Moreover, blood-stained ballam is alleged to have been recovered at the instance of Noora petitioner and sota (not blood-stained) was recovered at the instance of Sullah petitioner. The deceased in this case, namely, Falak Sher has received as many as 18 injuries which are all incised caused by sharp-edged weapon as well as those which could have been caused by blunt weapon. There are four eye-witnesses of the occurrence, namely, Ahmad, Yousaf, Sulla and Rehman. The argument of learned counsel is that in the course of investigation there were some villagers who held out that Noora and Sullah petitioners were not present at the time of occurrence and that their three co-accused namely, Yara, Manzoor and Mamman were the real culprits. But the complainant side had categorically refused to accept this position. They stated before the investigating agencies that Noora and Sullah petitioners were present along with their three co. accused and all the five had caused injuries to the deceased with their respective weapons. The matter was investigated twice but there is no indication in the record of investigation that the investigating agencies placed them in column 2. In any case blood-stained ballam is alleged to have been recovered from Noora petitioner just as blood-stained ballam, and blood-stained hatchet are stated to have been recovered from Yara and Manzoor co-accused. On the other band just a sota is alleged to have been recovered from Mammen co-accused, sota is also alleged to have been re-covered from Sullah petitioner and both these sotas are not blood-stained. In that view of the matter at the stage of bail it cannot be said that since investigation stage and satisfied that they were innocent nor is there any record indicating that they were placed in column No. 2. In that view of the matter, I do not find any substance in this petition which is accordingly dismissed.

Petition dismissed.

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