1997 P Cr (PLP)

Altaf Hussain for Petitioner. Muhammad Shafi, A.-G. for the State. On the night of occurrence i.e. 20-4-1996,, at 2-30 a.m. Ali Madad son of Qambar Ali, resident of Nomal went to the Police Post Nomal and apprised A.S.-I. Syed Ilyas Hussain, that his son Ali Mardan is living separately, from him at Khari Nomal for the last three years; that the maker of the report was lying asleep in his house, when at about 2 a.m. he heard reports of fire shots and after a short while, Sherbaz, Hurmat Hussain and Mohbat Khan, residents of Nomal came to the house of the complainant and informed him that his son has been fired at effectively in his house at Khari. Ali Madad on the receipt of this information went to the house of his son Ali Mardan and found him lying injured in a pool of blood. Ali Madad went close to his wounded son and asked him about the incident, in reply, Ali Mardan informed his father that his wife's brother namely Ghulam Sarwar and two other persons knocked at his door; that no sooner Ali Mardan opened the door, his brother-in-law Ghulam Sarwar, who was duly armed with .30 bore pistol fired three shots at him which hit him, thereafter Ali Mardan injured addressed his father that he should be pardoned and became unconscious. Ali Madad complainant has said this much in his report that the motive for the offence will be given on the recovery of his injured son. A.S.-I. Syed Ilyas Hussain, Incharge of the Police Post incorporated the report in a Murasila and sent the same to the Police Station Gilgit, where on its basis a case was registered under section 307/34, P.P.C. vide F.I.R. No.65/96.

2. Arguments were heard pro and contra in detail and the record of the case was also perused.

3. Admittedly, it is a case of night occurrence and there is no eye-witness account so far the Murasila is concerned: The entire case hinges on the alleged dying declaration made by Ali Mardan in his house before his father Ali Madad, Sherbaz, Hurmat Hussain and Mohbat Khan, residents of Nomal, where they were attracted on the report of fire shots. The aforesaid (P.Ws.) are unanimous on the point that on their arrival at the scene, i.e. the house of Ali Mardan injured, he charged his brother-in-law Ghulam Sarwar for firing at him with his .30 bore pistol accompanied by two other unknown persons, who could not be identified by him.

4. The recovery of unlicensed .30 bore pistol allegedly used in the crime was also recovered by the police on the very day of occurrence at the instance and pointation of the accused Ghulam Sarwar from his cattle-shed in the presence of Qasim Ali son of Mirza Ali and Ali Johar son of Ali Gohar, residents of Nalter Pain, marginal witnesses. The abovementioned marginal witnesses to the unlicensed pistol were also examined by the Magistrate Second Class, Gilgit on the following day, i.e. 21-4-1996.

5. From the aforesaid discussion, prima facie, the accused is linked with the crime in question. I, therefore, deem it proper in the interest of justice to reject the bail application. The result is that the application for bail fails and stands dismissed. N.H.Q./23/Gilgit Bail refused.