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Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302/324/148/149--Bail, dismissal of--FIR was lodged promptly by complainant--Both accused were directly charged for the murder of complainant and injured his mother--Medical evidence and recovery of blood-stained earth from the relevant places connected the accused with the offence--Murasila was in the shape of receiving injuries, the complainant succumbed to injuries and expired--Bail dismissed. 1992 P.Cr.LJ. 158, 2004 YLR 33 (Karachi), 1999 P.Cr.L.J. 86, 2006 P.Cr.L.J. 47, NLR 1998 Criminal 707, NLR 1998 Criminal 528, 2003 SCMR 68 & 2009 SCMR 786. THIS JUDGMENT DELIVERED BY: ATTAULLAH KHAN, JUSITCE---.--- Qismat Ali Khan and Wilayat Shah have applied for bail after failing to avail it from the fora below. Both of them are charged under Sections 302/324/148/149 PPC vide FIR No. 542 dated 06.9.2009. Police Station Naurang. 2. Briefly stated the facts are that on 06.9.2009 at `Shamvela' the occurrence took place in the vicinity of Police Station Naurang, District Lakki Marwat. The report was lodged by complainant Muhammad Yousaf son of Abdur Rauf while in injured condition. It is to be noted that the said Muhammad Yousaf after remaining in hospital succumbed to injuries on 08.9.2009. According to the complainant, now dead, at `Shamvela' after `Iftar' someone knocked at the door of their house. He went out and saw accused Qismat Ali Khan, Wilayat Shah (petitioners) alongwith four others namely Mashal Khan, Saadullah, Raza Khan and Ajmal Khan duly armed with firearms. When the complainant reached near them, all of them opened firing with their weapons which hit him and he got injured. The firing attracted Mst. Beebo, mother of the complainant who was also fired at by all the accused and as a result, she also got injured and fell on the ground while his brother Rasool Khan escaped. According to the murasila, the complainant and his mother saw the occurrence. The motive disclosed is that in the morning the cattle of the complainant had caused damage to the crops of the accused party. This murasila was recorded in the hospital in the Emergency Room on the report of…

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