IFTIKHAR ALIAS GUTTO Versus STATE

ORDER

Through filing this petition Ghulam Shabbir, petitioner herein, has prayed for grant of bail in case F.I.R. No.106/93, dated 28-6-1993, registered at Police Station Sahiwal, District Sargodha, under section 302/34, P.P.C. lodged by one Muhammad Siddiq regarding murder of his brother Muhammad Khan.

2. According to the F.I.R., at the relevant time Muhammad Khan (deceased) was going towards Abbaspur. A little later Muhammad Siddiq complainant alongwith Muhammad Bakhsh and Muhammad Ayyub P.Ws. followed him. As soon as Muhammad .Khan reached near the sugarcane field of Ehsan Ullah accused, the accused persons, namely, Ghulam Shabbir (petitioner) armed with dagger, Muhammad Riaz with knife, Nawab and Munir with Sotas and Ehsan Ullah with gun emerged from the said field and fell on Muhammad Khan. Excepting Ehsan Ullah who kept raising Lalkara that nobody should come near them, the other accused caused injuries to the deceased with their respective weapons. The petitioner allegedly caused three injuries with dagger on left leg of the deceased. The deceased was then dragged into a Khola owned by the accused. However,- the complainant and the P.Ws. succeeded in getting custody of Muhammad Khan (deceased) from them promising that they would not report the matter to the police. Muhammad Khan while being removed to his house died in the way due to the injuries. Motive for the attack was stated to be that a year before the occurrence the deceased had seen Muhammad Shabbir, elder brother of Ehsan Ullah accused in objectionable position with daughter of Muhammad Hayat which was resented by the accused party.

3. Petitioner was arrested on 16-7-1993. His bail plea was declined by the lower Court, hence this petition.

4. During the investigation Ehsan Ullah was found to be innocent because no gunshot injury was found on the person of deceased. However, the petitioner and his three co-accused have been found guilty.

5. Learned counsel appearing on behalf of the petitioner submitted that the petitioner has not caused fatal injury to the deceased, therefore, it cannot be said that he shared the common intention with other accused to murder the deceased; that in two investigations made by D.S.P. Mansab Dad and D.S.P. Muhammad Sadiq the petitioner was found to be present at the time of occurrence empty-handed and on this score also it is urged that petitioner deserves to be released on bail as no overt act by the petitioner during the occurrence has been established. Learned counsel appearing on behalf of the State assisted by learned counsel for the complainant submitted that findings of D.S.P. Mansab Dad and D.S.P. Muhammad Sadiq are not supported by the material on record and as such deserve no weight whatsoever at this stage. They have opposed the petitioner vehemently.

6. I have carefully considered the facts and circumstances of the case. The petitioner is alleged to have caused three injuries on left leg of the deceased with dagger. The medical evidence supports this. It is true that these injuries are not very serious but petitioner's participation alongwith the co -accused who caused fatal injuries prima facie stands established, therefore, to A my mind, on the basis of facts on record the petitioner is vicariously liable for the offence of murder. I have gone through the investigation proceedings recorded by D.S.P. Mansab Dad and D.S.P. Muhammad Sadiq and I am constrained to remark that their finding that petitioner was empty-handed at the time of occurrence is not supported by good and sound material. In this view of the matter, the petition has no merit, hence dismissed.

N.H.Q./G-187/L Bail refused.