Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302/324/34---Qatl-e-amd and attempt to commit qatl-e-amd---Bail, grant of---Further inquiry---Deceased had sustained one firearm inlet wound---Accused along with his brother and nephew was charged for the commission of the offence---No empty had been recovered from the spot---Unlike his co-accused, accused had voluntarily surrendered to the process of law---In view of circumstances, coupled with volunteer appearance before the process of law, whether the same were compatible with his guilt or innocence, was a question which had made the case of accused one of further inquiry---Accused was admitted to bail, in circumstances. Sahibzada Asadullah for Petitioner. Bilaluddin Khan and Fakhar Zaman Khattak for the Complainant. Date of hearing: 9th April, 2010. JUDGMENT LIAQAT ALI SHAH, J.---The petitioner Irfan son of Zabita Khan, resident of Balo Khail Badaber Tehsil and District Peshawar seeks bail in F.I.R. No.523 dated 20-8-2009 registered under section 302/324/34, P.P.C, Police Station Badaber. 2. The matter was reported to the police by one, Ihtesham-ul-Haq, on 20-8-2009 at 22-50 hours. According to the report, the complainant along with his brother deceased Habib Khan, and cousin Bahadar Shah son of Dilshad was present in Mohallah Bacha Khel when in the meanwhile, Iqbal, Irfan sons of Zabita Khan and Zafar son of Iqbal residents of Mohallah Balo Khel, duly armed with Kalashnikovs, came there and started firing at them. As a result of firing of the accused, brother of the complainant, Habib Khan, sustained injuries whereas the complainant and other eye-witness escaped unhurt. The injured was being taken in the motorcar to the hospital but he succumbed to the injuries .on the way. Motive for the offence, given in the F.I.R, is a quarrel which had taken place between the deceased and the accused some time prior to the occurrence. 3. During post-mortem examination, only one fire-arm entry wound was found on the person of the deceased. During spot inspection no empty was recovered. The accused-petitioner was arrested…