1988 P Cr (PLP)

Kh. Sultan Ahmad for Petitioners. Shah Ahmad Baloch for the Complainant. Irshad Ahmad for the State. A hound race was held in Chak No. 71/GB District Faisalabad on 16‑1‑1987 at noon time. In that contest dog of Rai Wazir Khan was adjudged second and was awarded prize. As soon as Rai Wazir Khan received his prize he was fired at by Asghar Ali and Ahmad Yar with guns and Altaf with rifle. Rai Wazir Khan fell dead and the said assailants started running from the spot. They were given hot chase by the people present there. Liaqat Ali and Abid Hussain petitioners, nephews of Wazir Khan deceased and Nawaz were also among pursuers who carried rifles and guns. The aforementioned three murderers after covering a distance of 21 miles took refuge in "Dhari" of Hasta and then both sides exchanged fire wherein Asghar Ali and Ahmad Yar were killed inside the Dhari while Muhammad Nawaz and Muhammad Altaf were killed outside the Dhari. Sarfraz, Head Constable of Police Station Sadar Jhang who had seen the occurrence himself got a case registered at Police Station Jaranwala the same day at 2‑45 p.m.

2. D.S.P. Masud Ahmad, the Investigating Officer states that the occurrence was witnessed by Akbar, Hayat Muhammad Bakhsh, Sadiq, Abdul Karim and Jahan Khan P.W. Besides an injured person Akram who fully supported the prosecution story. He stated that Muhammad Altaf (deceased) had surrendered by coming out of the Dhari with his hands up and in that position the petitioners fired at him and killed him.

3. Learned counsel appearing on behalf of the petitioners submits that all the eye‑witnesses, except Abdul Karim and Jahan Khan have sworn affidavits to the effect that they did not see the occurrence. Regarding Abdul Karim and Jahan Khan he states that they, are close relatives of Asghar Ali, Ahmad Yar and Altaf deceased in this case, who actually had not seen the occurrence and that is why they were examined by the Investigating Officer as late as 23‑1‑1987. He further contended that there is no reliable evidence showing that the abovementioned three deceased were killed by these two petitioners. The fact of the matter, according to him is that numerous persons who chased the deceased had killed them in retaliation of murder of Rai Wazir Khan. It is not, however, denied that the petitioners were among the pursuers while armed with fire‑arms.

4. From the aforementioned facts, it is clear that three deceased namely, Asghar All, Ahmad Yar and Altaf had killed Rai Wazir Khan. They after committing murder of Rai Wazir Khan ran from the spot were pursued by the people including the petitioners who carried fire‑arms with others and fired at the deceased and killed them. A Altaf deceased is stated to have been killed by the petitioners when he surrendered before them. In the above circumstances, I find that there are reasonable grounds for believing that the petitioners are guilty of committing offence of murder, which is covered by prohibitory clause of section 497, Cr.P.C. hence they are not entitled to the grant of concession of bail. Consequently, this petition is dismissed. M . Y . H . / L‑23/ L Petition dismissed.