Law:

Section:

Penal Code (YXLV of 1860), S. 30? and Criminal Procedure Code (V of 1898) S. 498-Accused killing his brother-Counter reports lodged with police-Accused having injuries on his person and alleging to have acted in self-defence when fired upon by his deceased brother-Pistol recovered from deceased found unused-Prima facie plea of self-defence not made out-gall, held, rightly refused by Courts below. Manzoor v. State P L D 1972 S C 81; Amir v. State P L D 1972 S C 277 and Abdul Rashid v. State P L D 1972 S C 295 considered. ORDER ANWARUL HAQ, J.-This petition for special leave to appeal is directed against an order made by a learned Judge of the Peshawar High Court on the 20th of November 1972, whereby petitioners' prayer for bail was refused. The petitioner as well as the, deceased Ghulam Dastagir were brothers. The co-accused, Zahur-ul-Hassan, is their third brother. It is alleged that on the gist of August 1972, at about 11-30 a.m., the petitioner and his brother Zahur-ul-Hassan fired at and killed Ghulam Dastagir owing to the reason that he had objected to their ploughing some land and cutting trees there. from, as the property belonged to the deceased. The death was reported at Police Station Sadar, Peshawar at 1-30 p.m. by the, widow of the deceased. At 12-30 p.m. the same day the petitioner had also lodged an F. I. R. at the same Police Station alleging that his brother Ghulam Dastagir had fired six shots at him from his pistol, while he was cultivating his land comprising in Khasra 'Nos. 356 and 357. He added that he had also fired at Ghulam Destagir in self-defence and at the time Ghulam Dastegir's helper Mustaqim, was also present. He further stated that there was a dispute about land and the matter had been decided right up to the High Court under section 145 of the Code of Criminal Procedure. Bail was allowed to the petitioner by a learned Magistrate, but the same was cancelled by the Sessions Court. As already stated, the High Court refused to enlarge the petitioner on bail, It is submitted by the learned counsel for the petitioner that from the material on the record in the shape of the two counter first information reports, as well as the presence of…

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