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Criminal Miscellaneous No.1282-B of 1987, decided on 4th May, 1987.
---S.497(2)--Penal Code (XLV .of 1860),S.302--Bail, grant of--Murder case--Two Investigating Officers coming to conclusion that deceased had died on account of suicide and accused was innocent--Case against accused requiring further inquiry--Bail granted.
Ch: Muhammad Hussain Chhachhar for Petitioner.
S.Riaz Ali Abbas for the State.
Date of hearing: 4th May, 1987. .
The petitioner, Lal Hussain, is involved in a case under section 302 PPC arising out of F.I.R.No.150, dated 18-6-1986, registered at Police Station' Haveli District Okara. He has sought to be released on bail.
2. It has been alleged that on 18-6-1986 at about 8.00 a.m. the petitioner has done his wife Mst. Maryam to death by strangulating her with a rope, which he put around her neck and dragged her. The occurrence was allegedly witnessed by Noor Ahmad, the father of the deceased and two other persons namely, Muhammad Yasin and Falak Sher. All these three eye-witnesses do not belong to the village in which the occurrence took place. They are residents of village Moulia Chishti. Intervening distance is stated to be ten miles. It has, however, been alleged that the complainant accompanied by Muhammad Yasin and Falak Sher went to the village of the petitioner, as he wanted that either the petitioner should divorce his daughter or maintain her with love and affection. It has been alleged that the relations between the spouses were -not cordial. The deceased was being treated cruely at the behest of Mst. Ghulam Jannat.
3. It has been contended on behalf of the petitioner that he has been falsely involved in this case. In fact Mst. Maryam committed suicide but the complainant with the collusion of the police falsely involved him in this case. It has been maintained that the medical report does not support the prosecution version.
4. It has been noticed that as per allegations contained in the F.I.R. the petitioner put the rope around the neck of the deceased. dragged her and resultantly she died, but it has been opined by the Medical Officer, who performed the autopsy on the dead body of the, deceased that she died as a result of partial hanging. No bruise, contusion or any mark of injury has been noticed on any part of the body of the deceased except the ligature mark on the front rigs, and left sides of the neck. As a result of query by the police it ha: been opined -by the Medical Officer that the deceased died of partia hanging and it could be possible that if the deceased was sitting and the assailant was standing behind her, he put the rope around he neck and pulled the rope upwards, even then the death could be caused. This possibility is contradictory to what has been alleged in the F.I.R.
It also transpires from the pursual of the records of investigation that as a result of investigation conducted by the local police, the petitioner has been found to be guilty but subsequently the investigation was transferred to the D.S.P. Nawan Kot Circle undo; whose instructions the occurrence was first investigated into by the Inspector Nawankot and then he himself investigated into this case The Inspector as also the D.S.P. Nawan Kot came to the conclusion that the deceased had died on account of suicide and that the petitioned was innocent.
5. In the above circumstances the case against the petitioner is that of further inquiry within the meaning of subsection (2) of section 497 Cr.P.C. without prejudice to the merits of the case, the petitioner is, therefore, admitted to bail in the sum of Rs.30,000 with two sureties each in the like amount to the satisfaction of the A . C .Okara
M.Y.H./L-14/L Bail granted
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