1996 P Cr (PLP)

Sh. Javed Iqbal Dogar for the State. An occurrence took place within the territorial limits of Chak No. 126/EB, District Vehari on the night falling between 29/30-4-1995 wherein Mst. Perveen wife of Muhammad Hussain petitioner-accused unfortunately lost her life. Muhammad Hussain got recorded F.I.R. No. 140, dated 30-4-1995 at Police Station Gaggo, District Vehari under section 302/460, P.P.C. with the allegation that on the night falling between 29/30-4-1995 at mid night he heard the voice of some unknown person in the door of the room wherein he alongwith his wife and daughter was sleeping. One person armed with .12 bore gun, the second person armed with a pistol were in the room while one fat person was sitting on the wall of the house. The person who was standing in the door searched for the room who picked the cartridges lying on a Phatta. He asked his wit-t to hand over the gun of the house who showed her ignorance. Their daughter aged 1-1/2 years started weeping. His wife went on the Charpai alongwith the daughter and uttered that she had identified all of them. She took the quilt on her face. The person armed with gun fired at her face. The other person caught hold of him (complainant). The first person fired with gun which hit his left arm. His father Muhammad Rafique and one Hakim Ali were attracted to the spot on hearing the firing shots. All the persons are said to have made good their escape. Mst. Perveen expired at the spot. Muhammad Hussain was also injured who was got medically examined on 30-4-1995 at 5-00 a.m. from the Medical Officer, Rural Health Centre Gaggo by the police.

2. The Police Officer conducted the investigation. The dead body was taken into possession. The inquest report and the injury statement were prepared. The dead body was sent for autopsy. The blood-stained earth was taken into possession which was sealed in a parcel. The three crime empties lying at the spot were also taken into possession and were sealed in a parcel. The spot inspection note in the matter was prepared.

3. The investigation continued. It was on 29-5-1995 that the statements of Abdul Karim, Alam Din and Muhammad Akram P.Ws. were recorded to the effect that Muhammad Hussain complainant of the case i.e. husband of Mst. Perveen deceased had made the confessional statement before them to the effect that he had murdered his wife as he suspected her illicit relations with some person living in his in-laws village and that she was pregnant thereof. Thereafter Muhammad Hussain complainant was arrested as the accused of the case. His physical remand was obtained who is said to have led to the recovery of a double-barrel gun from the room of his house on 8-6-1995 when a memo. attested by Abdul Karim and Alam Din was prepared. The crime empties were sent to the Fire-arm Expert which were received on 4-6-1995 while the gun was sent there which was received there on 19-6-1995.

4. The investigation conducted by the Investigating Officer has been verified by the D.S.P., C.I.A. Burewala who has opined that the occurrence took place at the hands of Muhammad Hussain petitioner-accused who suspected the illicit relations of his wife Mst. Perveen deceased with some person in the village of his in-laws and that due to Ghairat he killed his wife. The bail plea of Muhammad Hussain petitioner-accused has been rejected by the Additional Sessions Judge who has filed this petition before this Court to try his luck to be admitted to bail.

5. I have heard the learned counsel for the petitioner-accused as well as the learned State Counsel and gone through the record before me. At this stage it is proper to express that the medical witness on the query made by the Investigating Officer has given his opinion that the injuries received by Muhammad Hussain petitioner-accused could be suffered with a friendly hand. The material collected by the prosecution against Muhammad Hussain petitioner ?accused comprises the ingredients of extra judicial confession attributed to him before Abdul Karim, Alam Din and Muhammad Akram; the report of the Fire?arm Expert according to which the three crime empties taken into possession were fired from shot gun said to have been got recovered by Muhammad Hussain on 6-8-1995 while on physical remand and that the medical witness opined that the injuries on the person of Muhammad Hussain petitioner-accused were self-created. Learned counsel for the petitioner-accused has canvassed that the aforesaid type of evidence can prove to be a corroborative piece of evidence and even in a case of circumstantial evidence cannot form the basis of the conviction of the accused which aspect of the matter is enough to hold that the involvement of Muhammad Hussain petitioner-accused is that of further inquiry who is entitled to be admitted to bail. On the contrary learned counsel for the State laid the emphasis that the evidence to be produced during the trial has prima facie connected the petitioner with the occurrence and he is not entitled to be admitted to bail. I, however, express that the reasoning adopted by the learned counsel for the accused petitioner must prevail. Without prejudice to the merits of the case it can safely be expressed even at this initial stage while disposing of this bail application that the statements of Abdul Karim, Alam Din and Muhammad Akram P.Ws. before whom Muhammad Hussain petitioner? accused allegedly made the confessional statement can well be termed as absurd. According to each of them they had gone on 29-5-1995 to Rural Health Centre, Gaggo to enquire about the health of Muhammad Hussain petitioner-accused who was admitted as an injured patient there. It cannot be imagined by the stretch of any imagination that a person who has been injured with a friendly hand would remain admitted in the hospital from 30-4-1995 to 29-5-1995 especially when the seriousness of the injuries on the person of Muhammad Hussain accused has neither been mentioned by the medical witness nor the Police Officer at the initial time of preparation of the injury statement and, issuance of the medico-legal report. The case was investigated date wise on 1-5-1995, 6-5-1995, 14-5-1995, 24-5-1995 and 25-5-1995. In tree case diary it is not mentioned during the said dates that Muhammad Hussain petitioner? accused was admitted in hospital. This being the position the entry in the case diary, dated 29-5-1995 and the alleged statements about the extra-judicial confession made by the accused on 29-5-1995 in Rural Health Centre, Gaggo shall have to be viewed with caution and this aspect of the matter has made doubtful the prosecution case. Even at the bail stage the benefit of doubt can be granted to an accused. Even though the crime empties were taken into possession on 30-4-1995 the same were received in the Office of the Chemical Examiner on 4-6-1995. The gun was got recovered by the accused on 8-6-1995 which was received in the Office of the Chemical Examiner on 19-6-1995. The aforesaid considerable intervals cannot be ignored by this Court even at this stage. The fact that Muhammad Hussain petitioner was also insured has two aspects out of which the one aspect is that he was injured by the persons who trespassed his house and the second, that he received the injuries with friendly hand. The application was sent to the medical witness on 29-5-1995 by the S.H.O. to know whether or not the injuries one the person of the accused were self-suffered and on the said application the medical witness gave his aforesaid opinion who signed the same but did not mention the date thereof. It shows that every thing against this petitioner stood incepted/emanated on 29-5-1995. It is a case wherein Mst. Perveen wife of the petitioner-accused has lost her life. Without prejudice it can be expressed that the experienced Police Officers do not leave the cases untraced and this aspect of the matter can also be considered while disposing of this bail application. All what has been expressed above has made me to hold that it is a fit case to admit him to bail than to retain the petitioner in jail.

6. In addition to the aforesaid merits for the purpose of admission of this petitioner to bail, I am tempted to refer to the final opinion of the D.S.P., C.I.A., Burewala who has verified the investigation according to whom it was due to Ghairat that Muhammad Hussain petitioner-accused killed his wife as she was pregnant from some other person. No doubt the petitioner allegedly did not see his wife in compromising position with any person. However, keeping in view the aforesaid type of opinion this aspect of the matter has made me to hold B that the petitioner-accused is entitled to the discretion of this Court in this Islamic State of Pakistan so that the male persons remain Ba-Ghairat instead of being Baigharat. It shall not be out of place to express that this is the prosecution case and the final opinion of the superior Police Officer in the matter cannot be ignored which is all helpful to the petitioner.

7. For what has been said above, I hold that Muhammad Hussain petitioner-accused is entitled to be admitted to bail. I, therefore, accept this application and admit Muhammad Hussain petitioner to bail in the sum of C Rs.30,000' (Rupees thirty thousand only) with one surety in the like amount to the satisfaction of the Sessions Judge, Vehari. N.H.Q./M-2683/L?????????????????????????????????????????????????????????????????????????????????????????? Bail granted.