Law: Criminal Procedure Code (V of 1898)

Section: 497

(a) Penal Code (XLV of 1860)---S.302--Motive--Enmity--Double-edged weapon which cuts both ways. (b) Criminal Procedure Code (V of 1898)--S.497--Penal Code (XLV of 1860), S.302--Bail--Ocular evidence coupled with evidence of motive making out a prima facie case against accused--Bail refused. Khudayar and others v. The State 1985 P Cr. L J 2849 and Muhammad Aslam and 4 others v. The State 1985 P Cr. L J 2449 ref. ORDER Bail refused The applicant Shahabuddin alongwith co-accused Sodho have been sent up for trial on the charge of murdering one Naair Ahmed. The occurrence took place on 15-3-1984 at about sunset when deceased Nazir Ahmed was killed by gunshot fired by applicant Shahabuddin. It is alleged that besides complainant Ali Murtaza, his cousin Rahim Bux witnessed the incident. Thus there is ocular evidence of two witnesses against the applicant. The learned counsel for the applicant has contended that evidence of the said eye-witnesses is not reliable in view of their enmity with the accused. In support of her argument, she referred to the F.I.R.which shows that Muhammad Sharif uncle of applicant Shahabuddin was killed five years ago and in that case besides others, Ali Akbar, elder brother of the complainant is facing trial. It would appear that this enmity has been used by the prosecution as motive for commission of the murder. Of course enmity is regarded as double-edged weapon which cuts both ways. In the instant case apparently accused party were nursing the grudge and wanted to avenge the murder of their man, Muhammad Sharif. It is yet to be proved by…

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