Mushtaq Ahmad and Ilyas petitioner are accused alongwith Murad, Hanif and Abdur Razzaq of the murder of Allah Yar, Allah Ditta, Walayat Ali the three brothers. During Punchayat proceedings at the Dera of Abdur Razzaq, father of Ilyas petitioner an altercation took place between Allah Ditta deceased, Abdur Razzaq accused and Mushtaq petitioner over the return of a buffalo and a bullock. Abdur Razzaq incited the others to bring their weapons so as to teach a lesson to the complainant party. Abdur Razzaq brought a -12 bore gun while Ilyas brought a pistol from their adjoining house. Ilyas fired a pistol shot which accidentally hit his own companion Mushtaq petitioner on the thigh. Muhammad Hanif accused snatched the pistol from Ilyas and fired shots at the three deceased. In the meanwhile Razzaq also fired his .12 bore gun which hit Allah Ditta. As a result of the firing, the three brothers, Allah Ditto, Allah Yar and Walayat Ali died at the spot.
2. Learned counsel for the petitioners contended that Ilyas was less than 16 years of age at the time of the occurrence. This aspect of the case has been dealt with by the learned Sessions Judge while disposing of the bail petition of Ilyas petitioner. His bail was refused because a specific role has been attributed to him. No doubt, he is said to have brought the pistol and fired at the victim which accidentally hit his own companion. Thereafter the pistol was snatched from him by the co- accused who fired at the three deceased. Although he is young, but his conduct of bringing the pistol at the spot aggravated the matter and resulted in the triple murder. I, therefore, do not consider it a fit case of bail him. His petition is dismissed.
3. In so far as Mushtaq petitioner is concerned, the only role ascribed to him was that he took part in the abuses after which the matter flared up. He was neither armed with a weapon nor he took part in the attack, but was admittedly present there. In these circum--stances, he is allowed bail in the sum of Rs. 20,000 (Rupees twenty thousand) with two sureties each in the like amount, to the satisfaction of the A C./Duty Magistrate, Vehari.