1. Applicant and his co-accused are being tried for offence under sec. Tion 302/34, P.P.C. It is alleged that applicant Majeed was armed with iron bar while co-accused Bashir-ud-din alias Bhopa was armed with a chhuri and in furtherance of their common intention they caused injuries to Usman.
2. There is no ocular testimony in this case. Complainant Nanha filed F. I. R. On 3rd June, 1981 at 12 noon at Police Station Phuleli in which he has stated that on the preceding night he saw his brother Usman in the company of applicant Abdul Majeed and co-accused Bashir-ud-din at about 11 a. m.
3. He asked his brother Usman to go with him home but Usman replied that he had to recover money from both accused persons which was advanced to them some time ago. Complainant went away and on the following day dead body was found in a gunny bag and there were several persons and complainant also went there and identified dead body to be of Usman. After the discovery of dead body complainant went to the Police Station and lodged report. During the investigation, it is the case of the prosecution that applicant Abdul Majeed while in custody led the Police to his house and produced one blood-stained iron bar. Co-accused Bashir-ud-din while in custody led police to him house and produced blood-stained chhuri, blood-stained clothes and also blood spots were found in his house. These facts as such are mentioned in the mashirnamas which the prosecution proposes to produce in the Court. There are no extra judicial confessions. On previous occasion learned counsel for the applicant Abdul Majeed did not press bail pica and a direction was given to the trial Court to examine doctor as certain things in the post-mortem report were not clear. In compliance of the direction now the doctor has been examined before the trial Court and the learned counsel has produced certified copy of the deposition of the doctor. It has been pointed out that doctor has stated in clear and unequivocal terms that while performing post-mortem examination he found 6 incised wounds on the dead body which were caused by sharp cutting weapon like butcher's knife. It is, therefore, argued by the learned counsel for the applicant that from the deposition of the doctor it is clear that no injuries were caused with iron bar which is a blunt weapon and in such circumstances according to the learned counsel, it is not understandable how this iron bar became blood-stained. In the circumstances as stated above the learned Additional A. G. Also has no objection. Applicant Abdul Majeed is allowed bail in the sum of Rs. 10,000 with one surety and P. R. In the like amount to the satisfaction of the trial Court.