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Criminal Miscellaneous No. 698/B of 1985, decided of 10th April, 1985.

Criminal Procedure Code (V of 1898)--

---S. 497--Penal Code (XLV of 1860), S. 302/34--Bail--Extra-judicial confession--Accused and co-accused seen coming from side of deceased's house on or about time of occurrence--Co-accused and wife of deceased, another co-accused, seen moving about together before occurrence and reprimanded by witnesses--Deceased according to medical evidence having been strangulated--Safa which was used for strangulation ,recovered from co-accused--Prima facie case under S. 302/34, P.P.C., held, was made out against accused persons--Accused not found to be entitled to bail in circumstances.

Shaukat Ali Mehr for Petitioner.

Wall Muhammad for the Complainant.

Muhammad Arshad Khan for the State.

This is a petition under section 497, Cr.P.C. filed by Muhammad Hanif, petitioner, for bail in respect of a case instituted against him and two others under section 302/34, P.P.C. at Police Station Mustafabad, District Kasur, on 5-7-1984.

2. The prosecution case in brief is that on 5-7-.1984, Muhammad Hanif, petitioner, and Ramzan, co-accused, came to the residence of Noor Muhammad complainant, where Din Muhammad and Muhammad Anwar P,Ws. were also present, and confessed having murdered Juman Khan, deceased, with the assistance of Mst. Akbari, co-accused, the wife of the deceased. It is alleged that after a shortwhile, Mst. Akbari, co-accused, also turned up, who also confessed accordingly. Earlier, it may be mentioned that on, 3-7-1984 at 2.15 p.m., Mst. Akbari, co-accused, had lodged a Roznamcha report with the police station Mustafabad, wherein she had mentioned that her deceased husband, Juman Khan, had suffered an injury on his forehead on 2-7-1984., with the handle of Toka, .which he was using for cutting fodder, and that at Fajarwela on 3-7-1984 when he did not get up for .his morning prayer and she woke him up, she found that he was dead and injuries on his neck disclosed that some thing amiss had happened during the night.

3. I have heard the arguments of the learned counsel for the petitioner, the complainant and the State and have perused the police record. The prosecution has produced the following items of evidence against Muhammad Hanif, petitioner, and his co-accused:

(1) The statement of Noor Muhammad, Muhammad Anwar and Din Muhammad P.Ws., recorded on 5-7-1984, showing the extra-judicial confession made by Muhammad Hanif, petitioner, A and Ramzan and Mst. Akbari, co-accused, in respect of the commission of murder by them.

(2) The statement of Meer Khan and Hasan Khan P.Ws, recorded on 5-7-1984, showing that they saw Muhammad Hanif, petitioner, B and Ramzan, co-accused coming from the direction of the deceased's house at about 4 a.m. on 3-7-1984.

(3) The statement of Din Muhammad and Muhammad Anwar P aWs

,

recorded on 5-7-1984, showing that Ramzan and Mst. Ak ri, co-accused, were moving about with each other before the C occurrence and that they were reprimanded by the said witnesses for such a behaviour.

(4) The post-mortem report dated 4-7-1984 showing that Juman Khan, ID

deceased had been strangulated.

(5) The statement of Jawar Khan, Mauj Khan and Muhammad Aslam A.S.I. P'.Ws, recorded on 5-7-1984, showing the recovery of a E Safa at the instance of Ramzan, co-accused, with which the accused had strangulated the deceased.

The above items of evidence prima facie make out a case under section 302/34 P.P.C, against the petitioner and his co-accused. The petitioner is. therefore, not entitled to be released on bail.

4. For the foregoing reasons, there is no merit in this petition.

The same is dismissed.

S. A

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