2010 PLP 1813 (MLD)

SYED SHAFQAT ALI SHAH MASOOMI, J.

Applicant is seeking bail in Crime No.151/07 Police Station Naushero Feroze under section 302, 34, P.P.C. Facts unfolded in the F.I.R. that accused committed the murder of 5/6 years boy namely Shahbaz Ali near the village of complainant at the sugarcane cultivation of one Shujja Vistro by putting hands at his throath while co-accused Shahnawaz caught hold the said deceased from his legs such F.I.R. was registered at the police station on the same day at about 1900 hours. Heard the learned counsel for the applicant and the learned A.P.-G. and has perused the relevant papers. The incident took place on 26-8-2007 at about 1-00 p.m. in the broad-daylight while the F.I.R. was lodged on the same day at about 7-00 p.m. revealing the facts and motive of the incident. Names of the applicants/accused appear in the F.I.R. The prosecution eye-witnesses Ali Murad. Muhammad Saleh and Shahnawaz have recorded 161, Cr.P.C. statement on the next date before the Investigating Officer. All the eye-witnesses have implicated the present applicant/accused Ahmed and his brother-in-law. Co-accused Shahnawaz with a specific role that both the accused has fallen down on minor Shahbaz Ali and present accused/applicant Ahmed put his hand on the throat of victim young by Shahbaz Ali and was trying to kill him by pressing his throat with his hands while co-accused Shahnawaz caught hold from his legs. P.Ws. raised hakals but during this period the minor Shahnawaz was succumbed and the accused after seeing the eye-witnesses Ali Murad and Muhammad Saleh by seeing them coming towards them accused fled away towards eastern side. The eye-witnesses when arrived nearby the Shahbaz Ali they found him dead. The postmortem of the doctor has corroborated the version of the eye-witnesses. Finger-marks have also been found present over both the sides of the neck of the deceased. Laceration marks were also found on left upper neck and chin and small lacerated wounds on lower back and right lower leg and blackening of left car were also found on the dead body of the deceased Shahbaz Ali. The doctor in his opinion has declared that deceased died of asphyxia due to throttling. Mashirnama of arrest of the accused also reveals that about 100 or 150 citizens of Mangno community apprehended the accused and during this accused made resistance. The accused sustained injuries and thereafter the police/Investigating Officer concerned, also arrested the accused in presence of mashirs. For the foregoing reason applicant has failed to make out a case of further enquiry and since the applicants/accused have committed the murder of young boy of 5/6 years which carries capital punishment. Application is dismissed having no merits. However, the observations made hereinabove are tentative in nature for the purpose of only disposal of bail application and may not influence the mind of the trial Court which is free to appraise the evidence strictly according to the merits of the case. H.B.T./A-126/K Bail refused.