' This is a petition under section 497/498, Cr.P.C. By Ghulam Jaffar, petitioner, for bail in respect of a case instituted against him under section 302, P.P.C. At Police Station Kamalia, District Toba Tec Singh on 11-1-1984.
2. The prosecution case in brief is that Saeed Ahmad, complainant and Zahid Rasul P.W. The cousins of Mst. Shehnaz Akhtar, deceased happened to pay a visit to the house of the said deceased on 10-1-1984 at about Ishawela. When they entered her house, they found that Ghulam Jaffar, petitioner, the husband of Mst. Shehnaz Akhtar, deceased, was abusing his wife, but on seeing them he assumed silence. In their presence, the petitioner informed the deceased that as his wife she was insulting him and he would deal with her accordingly. On the request of the deceased, Saeed Ahmad and Zahid Rasul P.Ws. Stayed overnight at her residence, sleeping in a separate room from that where the deceased and the petitioner retired for the night. At about 4-00 a.m. The next day, the witnesses heard an alarm. They went to the room of the deceased, where, in the meantime, Muhammad Shafi and Ghulam Sarwar P.Ws. The real brothers of the petitioner, had also arrived. The door of the deceased's room was open and the bulb was burning. They found the petitioner strangulating the neck of his wife, with a Danda in his hand, in their presence. The deceased died of the injuries sustained by her.
3. On behalf of the petitioner it is submitted that though the police station was only two furlongs away, there is delay of three hours in the lodgment of the F.I.R. It is further submitted that the F.I.R. Is silent about the petitioner having inflicted any injury on the deceased with his Danda. It is next contended that Muhammad Shafi and Ghulam Sarwar P.Ws. Submitted that affidavits before the Sessions exonerating the petitioner from the crime in instance and also submitting that Saeed Ahmad and Zahid Rasul P.Ws. Had not stayed over night at the residence of the deceased on the day of incident, as alleged by them. Lastly, it is contended that whereas Saeed Ahmad P.W. In his F.I.R. Stated that he and Zahid Rasul P.W. Stayed over night with the deceased in a separate room, but the site plan shows that they stayed in the Bathe-cum-shop.
4. I have heard the arguments of the learned counsel for the petitioner, the State and the complainant and have also perused the record. In the F.I.R. Four witnesses are stated to have seen the occurrence. Two have resided from their statements. Saeed Ahmad and Zahid Rasul P.Ws still remain in the field. These two witnesses clearly allege that Ghulam Jaffar, petitioner, strangulated Mst. Shenaz Akhtar, deceased in their presence, at which time he had a Danda in hand and that she could not survive the injury given. Obviously, the reference to the injury is that given by the petitioner on her head. In these circumstances, the petitioner is not entitled to be released on bail.
5. For the foregoing reasons, there is no merit in this petition, which is dismissed.
6. This petition was admitted by my learned brother Gulbaz Khan, J., but as he is on leave today, this petition has been placed before me for disposal.