Find a Lawyer

Criminal Miscellaneous No. 2291 / B of 1986, decided on 23rd September, 1986.

---S. 497--Penal Code (XLV of 1860), S. 302--Bail, grant of--Petitioner fired at both deceased under impulse of grave and sudden provocation on seeing them in a compromising position in a crop field--Detection of semen on vaginal swabs of deceased prima facie lending substantial support to plea of grave and sudden provocation, raised by petitioner- Petitioner allowed bail, in circumstance.

Muhammad Iqbal Sargana for Petitioner.

Ashiq Hussain Rizvi and Ahmad Sher Lali for the Complainant.

Khan Muhammad for the State.

Date of hearing: 10th September, 1986.

Dost Muhammad petitioner has moved this petition for bail in a case registered against him under section 302, P.P.C. The prosecution version is that on 1st March 1986 at 11-30 a. m. Muhammad Yar, brother of Ahmad Yar complainant, and Mst. Zubeda, daughter of Allah Bakhsh, were taking fodder to the Dera of aforesaid Allah Bux when Dost Muhammad petitioner suddenly emerged from Toria crop and fired at both of them causing their death Mst. Zubeda deceased was the sister of Dost Muhammad petitioner. His other sister Mst. Bhag Bhari is married with Zafar Abbas, a brother of the complainant and Muhammad Yar deceased. The motive alleged in the F.I.R. was that the petitioner had a suspicion that Muhammad Yar and Mst. Zubeda were having illicit relations and he had previously threatened them twice that they would be done away with.

2. Learned counsel for the petitioner contends that the prosecution version as narrated in the F.I.R. is absolutely false and the fact of the matter is that the petitioner fired at both the deceased under the impulse of grave and sudden provocation on seeing them in a compromising position in the Toria crop. He submits that in such cases generally a lenient view in the matter of sentence is taken by the Courts. He further submits that it is unbelievable that the petitioner would kill his own sister and the brother of the husband of her other sister merely on suspicion of illicit relations.

Learned counsel for the complainant and the State have opposed the prayer for bail. They submit that the material available on the record belies the plea of grave and sudden provocation inasmuch as the dead bodies were found away from the Toria crop clad in usual clothes.

3. I have given my careful consideration to the submissions made by the learned counsel for the parties. The post-mortem report of Mst. Zubeda shows that two vaginal swabs were taken. The same were later on sent to the Chemical Examiner and his report is to the effect that those were stained with semen and blood. According to the post-mortem report, the clothes found on the dead body of Mst. Zubeda were 'Kamiz', ,'Bunyan' underwear and 'Chadar'. However, in column No.7 of the inquest report the clothes worn by her have been described as Qamees brang' Tahmend brang" Bunyan and underwear find no mention in this report. It appears that space was left after the word: "brang" for filling in the colour of the shirt and the loin-cloth at some later stage. The detection of semen on the veginal swabs prima facie substantial support to the plea of grave and sudden provocation. The question whether the petitioner would fire: at her sister and the brother of the husband of tier other sister merely on suspicion, would also require a serious consideration at the trial. In the circumstances, I feel inclined to the view that a case for the enlargement of the petitioner is made out. I, therefore, admit him to bail in the sum of Rs. 50,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Jhang.

S.G.D./727/L Bail allowed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.