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Criminal Miscellaneous No. 2371-B of 1983, decided on 11th October, 1983.
-- S. 497--Penal Code (XLV of 1860), S. 302/148/4401149 ---Accused allegedly armed with fire-arms-Neither any fire-arm injury attributed to deceased nor such injury found to any of witnesses---Bail granted.
Zafar Pasha for Petitioners.
Noor Muhammad Paras for the State.
Date of hearing : 11th October, 1983.
Mukhtar alias Mukha, Sarfraz alias Pappoo and Saleem petitioners alongwith Hayat and Akbar are accused of the murder of Ilam Din and Rafiq. The case was registered against them on 28th March, 1983 at Police Station, Mangtanwala, District Sheikhupura.
2. A dispute over the possession of land led to the occurrence in this case. At noon on 28th March, 1983 the petitioners, their co-accused Hayat and Akbar, all armed with .12 bore guns let loose about 50 cattle heads for causing damage to the fodder crop grown in the said field. Nazir informant checked them, upon which Sarfraz alias Pappoo petitioner caught hold of him and Saleem petitioner inflicted injuries to him on the left shoulder and his arm with the Butt end of his gun. The alarm attracted his father Ilam Din, his brothers Rafiq, Arif and their uncle Ashiq. As they reached near, Hayat opened fire and hit Ilam Din on his thigh, who died at the spot. Akbar fired the second shot hitting Rafiq in the left flank who died later. The third shot was fired by Mukhtar petitioner, which hit Nazir informant in the face. Saleem peti tioner beat up Arif with the Butt end of his gun hitting him in the flank. In the F. I. R. the fatal shots to the deceased are attributed to Hayat and Akbar accused. According to the Medical Report of Nazir, there is no firearm injury to him. The alleged Butt end injury of Arif has no visible mark but is described as pain complained by the victim. Keeping in view the fact that the petitioners are not attributed any fire-arm injury to the two deceased, and that there is also no fire-arm injury to any of the witnesses, I, therefore, allow bail to the three petitioners in the sum of Rs. 25,000 each with two sureties each in the like amount to the satisfac tion of A. C./Duty Magistrate. Nankana Sahib, District Sheikhupura.
3. Copy dasti on payment of usual charges.
M. B. A. Bail granted.
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