1. ' SYED SHAFQAT ALI SHAH MASOOMI, J.-Granted.
2. Applicants were seeking bail in Crime No, 180 of 2008 P.S. Naushero Feroze under sections 302, 34 P.P.C.
2. ' The prosecution story in brief is that complainant Khalid Shah lodged F.I.R. Being Crime No,180 of 2008 at Police Station Naushero Feroze stating therein that he is doing labour and resides at above address, an amount of Rs,1.500 regarding V.C. Amount of complainant and one Syed Waseem Shah was outstanding against accused Syed Raza Hussain Shah, which they demanded from him so many times but he was even became ready to fight. Today also at morning time, the complainant party demanded amount from him, that he became annoyed and said that they will teach them lesson. It was about 9-00 a.m. Morning time, when complainant along with Waseem Shah, Pinjal Shah, were sitting in the complainant's father-in-law Qurban Ali Shah's house, in the meanwhile, accused Inayat Shah armed with gun, Abdullah Shah having gun, Ikram Shah armed with pistol, Raza. Hussain Shah armed with gun, Yousif Shah, Sabir Shah and Sajjad Shah came and they abused the complainant party and opened straight fires. Accused Inayat Shah fired from gun directly at Bibi Fatima which hit her on her chest and face, who while raising cries fell down, Mst. Bibi Toti and Bibi Farhana, who came to rescue the complainant party who also received gun fire shots and were injured. It is further alleged that P.Ws. Waseem Shah, Pinjal Shah, Shabir Shah and other neighbourers rescued the complainant party, then the accused persons went away towards their houses. Thereafter the complainant party found that the mother-in-law of complainant Mst. Bibi Fatima had expired while bibi Toti and Bibi Farhana were injured due to firing and were bleeding.
3. Thereafter the complainant with the help of above said witnesses, took injured and dead body to hospital; Naushero Feroze and after treatment to injured, had come to P.S. Naushero Feroze, where he reported the incident, that all the accused persons in collusion with each other on the matter of demanding money opened fire and during such firing of accused Inayat Shah, committed murder of mother-in-law of complainant Bibi Fatima and made injured Bibi. Toti and Bibi Farhana.
4. ' Heard learned counsel for the applicant and the learned State counsel and peruse the record.
5. F.I.R. Has been promptly registered without any plausible delay. Name of the applicant/accused has been transpired in the F.I.R. With specific role that he along with other co-accused Inayat Shah armed with gun, Abdul Qadir Shah armed with gun, Ikram Ali Shah armed with pistol, Raza-Hussain Shah armed with gun and Sabir Ali Shah-trespassed in the house of the complainant where the co-accused Inayat Shah directly fired on Bibi Fatima the fire hit on chest and face she fell down on the ground and all other women Bibi. Toti and Bibi Farhana came there in order to rescue the Bibi Fatima but accused also fired on Bibi Toti and Bibi Farhana. Blood was oozing from Bibi Fatima and she died on the spot. BibI Toti and Bibi Farhana who were injured witnesses of the alleged crime they have categorically stated in their 161 Cr.P.C. Statements that applicant along with co-accused trespassed in their house and he was present at the time when the other accused was committing the murder of the deceased Bibi Fatima and they also caused fire arm injuries to the injured P.Ws.
6. Toti and Bibi Farhana. Since the two injured witnesses have confirmed that applicant/accused came along with the co-accused who were armed with deadly weapons entered into the house of the complainant and committed the murder of Bibi Fatima and injured them also, therefore, both the applicants have shared their common intention and they went all along with the other accused who were armed with guns and pistols entered in the house in furtherance of common intention.
7. ' For the foregoing reasons applicants have not made out a case of further enquiry, hence their bail application having no merits, is dismissed.
8. ' However, the observations made hereinabove 'are tentative in nature for the purpose of only disposal of bail application and may not influenced the mind of the trial court which is free to appraise the evidence strictly according to the merits of the case.