The three petitioners are facing inquiry under sections 148-3021 307/149, P. P. C. along with two others for committing the murder of Pira deceased and attempting on the life of Qamar Din P. W. in prosecution of the common object of unlawful assembly formed by them while armed with deadly weapons like guns and rifles in the area of Thakarke, Police Station Mangtanwala.
2. It was alleged that Hakim Ali Lambardar, co-accused of the petitioners had got allotted seven squares of land on the basis of a general power of attorney executed in his favour by one Mir Ahsan Ali, a displaced claimant which he later got mutated in the name of his sons Yar Muhammad alias Yara petitioner, Taj Muhammad and Ahmad Yar and also his brother Allah Ditta petitioner. Nizam Din complainant contested the alienation of this land in his favour through pre- emption, but his suit was dismissed by the Civil Judge, Sheikhupura. His appeal was also dismissed by the District Judge, Sheikhupura and he had ultimately filed the second appeal in the High Court which was still pending. This prolonged litigation had strained their rela tions resulting in a light between them about four months prior to this occurrence, consequently the local police had proceeded under section 107/151, Cr. P. C. against both the parties which proceedings were yet pending in the Court of Resident Magistrate, Nankana Sahib, Pira deceased and one Sadiq Ali P. W. had been impleaded with the party of Nizam Din complainant. On the eventful morning Muhammad Din, a son of Nizam Din com plainant, had returned from the fields after easing himself and was washing his hands in front of his baithak when Hakim Ali Lambardar, Muhammad Ashiq, the two co-accused of the present petitioners, armed with guns. Sabir and Yara petitioners with lathis and Allah Ditta petitioner empty-handed, turned up and Allah Ditta petitioner raised a lalkara that he (Muhammad Din)
[Vol. V will be done ajway with. At that time Qamar Din, Rehmat Ali P. Ws. Pira deceased and some others were also present there and on seeing the accused arrive in that manner aforesaid Muhammad Din ran away to join his brothers Qamar Din and Rehmat Ali, who were sitting around the fire to warm themselves. Nizam Din and the aforesaid persons beseached Hakim Ali Lambardar to resist from creating trouble for the parties, but lie did not listen to them. On this Qamar Din P. W. and Pira deceased are said to have called out that let them take dangs, sotas and they would be prepared to meet them and as they moved in the directions of their houses Hakim Ali Lambardar fired a shot at them hitting Pira near his left shoulder on the back followed by the fireshot by Muhammad Ashiq, his co-accused which hit Qamar Din P. W. in his right flank and both of them felled at the spot. On this the three petitioners and their above named two co-accused slipped away. Qamar Din P. W. and Pira deceased were taken towards the hospital, but Pira expired in the way. Leaving the dead body in the village Nizam Din pro ceeded towards the police station and finding Imtiaz Ahmad, Sub- Inspector in Dhoka Mandi informed him about the occur rence, who recorded his statement Exh. P.
A. on the basis of which the present case was registered against the petitioners and their co- accused.
3. It would appear from the above narration of this occur rence that Allah Ditta petitioner was apprehended and was only attributed a lalkara while the other two petitioners Sabir and Yara were armed with lathis which they had not at all used in this occurrence against any one of the complainant party.
4. It is contended that in view of the long standing litigation and enmity between the parties it would not be improbable that the three petitioners who were closely related to Hakim Ali Lambardar had been falsely implicated in this Court. Moreover Allah Ditta was empty-handed and the two petitioners were carrying dangs which they never used in the alleged occurrence.
Without expression of any opinion in the matter I admit these three petitioners to bail and direct that they shall be released from custody on furnishing a bond each in the sum of Rs. 10,000.00 (Rs.
Ten thousand) with one surety each in the like amount to the satisfaction of the Enquiry Magistrate, who shall be at liberty to recommit them to judicial custody if after recording the prosecution evidence a prima facie case under sections 148-302/307/149, P. P. C. is made out against them. .