NOOR KHAN Versus THE STATE

ORDER

1. According to the F.I.R. Bahadar Khan, Sarfraz Khan, Faiz Ullah Khan and Noor Khan (the last two being petitioners) each fired one shot hitting Khizar Hayat deceased. Learned counsel for the petitioners has raised the only contention that the version given in the F.I.R. is completely contradicted by the medical evidence. According to the F.I.R. Noor Khan petitioner fired the first shot and hit Khizar Hayat deceased on the right side of nose while the shot fired by Faiz Ullah hit on the right back side of his head. The photo copy of the medico‑legal report filed shows that the deceased received one shot only on the left of the forehead making an exit on the back of right side of head. So neither the shot ascribed to Noor Khan nor to Faiz Ullah is there. Hence the contention raised is correct. Case calls for further inquiry. Allowed bail in the of Rs.40,000 with two sureties in the like amount to the satisfaction of the trial Court/Sessions Judge/Addl. Sessions Judge, Mianwali.

2. N.H.Q./N‑57/L Bail allowed.