The petitioners have been arrested in connection with a case registered under sections 147, 148 and 302 read with section 149 of the Pakistan Penal Code. The allegations against them are that on 16th May, 1981 at about degarwella they together with one Hakam formed themselves into an unlawful assembly with the common object of murdering Khan deceased and in prosecution of the common object of the said assembly they caused the death of Khan deceased and inflicted simple hurt upon Hassan and Abbas. The motive for the occurrence was stated to be the demand made by the deceased on Hakam for the return of a loan of Rs. 20.
2. The deceased was found to be bearing only one injury which was located on the head and had led to his death. It has been attributed to Hakam. The other members of the complainant party suffered only simple injuries.
It appears from the story as given in the F. I. R. That all the petitioners together with Hakam had come armed with sofas to the scene of occur--rence and as soon as they reached there one of them, namely, Hakam struck the deceased with a sofa. When Hassan protested he was give sota blows by Akbar and Rahman petitioners and when Abbas tried to cover the deceased by lying on him he was assaulted by Ilyas and n Muhammad petitioners. These circumstances do prima facie indicate that' it was a premeditated attack and that all the petitioners were a party to the attack on the deceased even though the fatal blow was inflicted by Hakam. The provisions of section 149 of the Pakistan Penal Code are, therefore, attracted to the case of the petitioners. As there are grounds to believe that the petitioners are guilty of an offence punishable with death their prayer for bail is rejected.