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Criminal Miscellaneous No. 1228-B of 1983, decided on 11th June, 1983.
---S.497(5)--Penal Code (XLV of 1860), S. 302/148/149--Bail, cancellation of--Prima facie post-mortem report adversely reflecting on narration given in first information report--Case made out for further inquiry--Two police officials also finding accused innocent--Petition for cancellation of bail dismissed.
Afzal Khan Niazi for Petitioner.
Kh. Sultan Ahmad with M.A. Zafar for Respondents.
M. Sharif for the State.
Zaka UIIah petitioner has applied for the cancellation of bail allowed to Muhammad Khan, who is accused of the murder of Saifullah alongwith his four brothers. The case was registered against them at Police Station Sadar, Mianwali, on 23rd July, 1982, under sections 302, 148/149, P.P.C. Muhammad Khan respondent was said to have fired at the deceased with a .12 bore gun when the deceased was sitting alongwith five others, who are witnesses in this case. The matter was reported after one-and-a-half hours of the occurrence at a distance of five miles. It was investigated by various investigating officers including the S.P. Except for the Inspector, City Police Station, the others found the respondent and his brothers innocent.
2. Notice was issued to the respondent because prima facie in the F.I.R. he has been connected with the solitary fatal injury to the deceased. Six eye-witnesses, who-have been named in the F. I. R. have accused him. After notice, on perusal of the post-mortem report, it transpired that the shot was fired from a very close range, so much so that card-wad was also found within the wound, which was a through and through wound. There was blackening and tattooing of the wound. Without prejudice to the case of the prosecution; prima facie, it appears that the type of injury suffered by the deceased, in all probability, was suffered when he was alseep. However, these are matters of details, which cannot be gone into deeper at this stage. The fact remains that the post-mortem report prima facie adversely reflects on the narration in the F.I.R. it thus makes out a case of further enquiry. Moreover, the two police officials have also found the respondent innocent. This petition, is therefore, dismissed.
M. Y. H. Petition dismissed.
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