Law: Criminal Procedure Code (V of 1898)

Section: 497(2),161

Law: Pakistan Penal Code, 1860

Section: 302

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.302---Qatl-i-amd---Bail, grant of---Case of further inquiry---Two F.I.Rs.---Failure to record evidence--- Role alleged against accused by women witnesses was restricted to his mere presence at the spot without actively participating in the incident---Even the role alleged in F.I.R. against accused was not supported by any other material available on record---During investigation statements under S.161, Cr.P.C., of women witnesses was not recorded to establish, prima facie, allegations levelled against accused in F.I.R.---Effect---Two F.I.Rs. of same incident with variation was registered at same police station by different complainants which after due investigation were found to be having sufficient material against accused to refer them for trial---Such investigations had made the case against accused to be of further inquiry into his guilt in terms of S. 497(2), Cr.P.C.---Accused was arrested during investigation but no recovery of any incriminating article was effected from him to support prosecution story as narrated in F.I.R. that at the time of alleged incident the accused was armed with weapon--- Bail was allowed in circumstances. 2014 SCMR 27; 2006 PCr.LJ 1611; 2008 YLR 1753; 2012 PCr.LJ 1324 and 2012 SCMR 662 ref. ORDER MUHAMMAD IQBAL KALHORO, J.---This order shall dispose of the application under section 497, Cr.P.C. filed by the applicant in Crime No.90 of 2014 of P.S.A-Section Ghotki under sections 302, 311, 120-B, 34, P.P.C. 2. Precisely the facts of the case are that SIP Qurban Ali Kalhoro posted at P.S.A-Section Ghotki along with his subordinate staff was on Patrol duty, during which at about 1530 hours when he reached Aico Dhari Bridge, heard fire shots reports coming from village Azim Tarat upon which he along with his staff reached the house of Arbelo Tarat where from the voices of crying were emanating and meanwhile saw four persons duly armed with pistols after emerging from the house fled away towards northern side. The complainant party then went inside the house where many women were present and were crying. The complainant spotted the dead body of a woman…

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