Law: Criminal Procedure Code (V of 1898)

Section: 497/498

Criminal Procedure Code (V of 1898) S. 497/498-Bail-[Murder-case]-Complicity of applicant under S. 34, P. P. C. yet to be determined by trial Court after evaluation of evidence-Applicant admitted to bail meanwhile-Penal Code (XLV of 1860), S. 302/34. Allahdino v. State P L D 1976 Kar. 1202; Mubarak Ali v. State 1979 P Cr. L J 45 and Khadim Hussain v. State N L R 1978 Criminal (S. C.) 688 rel.                                                                                                         ORDER In this case prosecution allegation is that the present two applicants tend their co-accused Khawand Bux armed with hatchets attacked deceased Allah Bachayo on 8thMay 1980 at 3 a.m. in the house of complainant in village Piaro Khoso. It is further alleged that Khawand Bux was farmed with hatchet and he caused one hatchet blow with sharp side on the face of Allah Bachayo who was sleeping on the cot. Muhabat Khan applicant was also armed with hatchet and Allah Jurio applicant had a torch. It is not the case of the prosecution that Muhabat Khan and Allah Jurio applicants participated in the assault but they were merely standing there and went away with the main accused, i.e. Khawand Bux. There are two eye-witnesses, namely complainant Mohammad Ramzan and Shah Bux and two other witnesses, namely Abdul Ghafoor and Mohammad Yousuf who are stated to have seen and identified the accused persons in the moonlight running away after the incident. Khawand Bux was arrested on the following day of the incident and blood-stained hatchet and clothes from him have been secured by the police. These articles have been sent to the Chemical Examiner and the report is not on the record. The motive as stated in F. I. R. is that one Mst. Sakina was going to be married with deceased Allah Bachayo…