2008 PLP 498 (YLR)

AZIZULLAH M. MEMON, J.

Heard learned counsel for the parties on 16th July, 2006 Hafeesullah Tagar gave information to the Police officials of Police Station Steel Town by telephone stating that his cousin Ghulam Nabi alias Baboo son of Ali Gohar was inflicted Chhuri blows on his person near L-7, Market, Gulshan-e-Hadeed, Phase-II and was admitted in the Steel Town Hospital. Duty Officer ASIP Sharafat Ali incorporated such information in the station diary. He proceeded to the said Hospital and found Ghulam Nabi alias Babar Ali alias Baboo aged about 22 years having succumbed to the injuries and died; he inspected the dead body and took it to the Jinnah Hospital for post-mortem examination. Then the dead body was given to the legal heirs. Statement under sec tion 154, Cr.P.C. of Ali Gohar, the father of the deceased, was recorded who stated that co-accused Shahid Ali Sheikh was. on friendly terms with the deceased but both had entered into a dispute/fight at the shop of snooker of the deceased and co-accused Shahid Ali had threatened the deceased to avenge him for the insult suffered by the said co-accused; further on 16th July, 2006 when complainant was in his house at 1-00 p.m. co-accused Shahid Ali went there and asked that Ghulam Nabi may be brought out of the house raising a pretext that co-accused Shahid Ali wanted to .apologize; complainant took Ghulam Nabi outside the house and co-accused sought apology in presence of the complainant and took Ghulam Nabi with himself but after a while complainant suspected the intentions of the co-accused and followed him and the deceased. As the corner of the street, complainant found Shahid Ali, his brother Aamir and their relative Akram having caught hold of Ghulam Nabi from his arms, while co-accused Shahid Ali was inflicting Chhuri blows at the backside of Ghulam Nabi. On the cries of the complainant and Ghulam Nabi, Abdul Razak, Ghulam Hussain also went running, when co-accused Shahid pronounced that he would avenge the insult done to him and then Shahid. Inflicted Chhuri blows on the front of Ghularn Nabi, who thereby got severely injured and fell down on the ground while all the said three culprits ran away and Ghulam Nabi was taken to the Hospital but while on the way to the Hospital he succumbed to the injuries and died. During the investigation of the case, co-accused Shahid is said to have made a confessional statement before the Magistrate stating therein that the co-accused was suspecting the deceased to be on illicit terms with his wife and the deceased allegedly pronounced that he would commit Zina with wife of the co-accused which made him to inflict Chhuri blows on the person of Ghulam Nabi. The investigation report mentions that co-accused Shahid alone committed murder of Ghulam Nabi and that present applicants did not participate in the said incident. On the tentative assessment of the evidence collected by the investigation agency, the applicants have been placed in column No.2 of the Challan submitted by the police before the competent Court of law. Looking at such a fact, and. coupled with the fact that co-accused Shahid is said to have confessed the guilt of having committed murder of the deceased all alone, both applicants were directed to be admitted to bail each in the sum of Rs.100,000 and P.R. bond in the like amount to the satisfaction of the trial Court vide a short order dated 30-4-2007; Above are the reasons for the said short order. H.B.T./A-133/K Bail granted.