1. ' Case F.I.R. No, 269 was registered at Police Station Khurrianwala, District Faisalabad on 24-12-1984 under section 302/34, P.P.C., on the statement of Muhammad Tufail Lumbardar who had found a dead body lying on the bank of Saim Nullah. In the First Information Report he had given the description of the deceased and had stated that some unknown persons had committed the murder by causing fire-arm injuries.
2. ' The petitioner was arrested on 12-1-1985. Two other persons were also arrested on the same day and one person was arrested on 13-1-1985.
3. ' Learned counsel for the petitioner has contended that there is no eye-witnesses account of the occurrence and nothing incriminating has been recovered from the petitioner. The other contention of learned counsel for the petitioner is that even according to the prosecution story the petitioner had no motive to participate in the occurrence and that the evidence of extra-judicial confession, and that of last seen has been manufactured by the Investigating Officer.
4. ' Learned counsel for the State on the other hand submitted that the petitioner who is a constable, had confessed having participated in the commission of murder of Ghulam Mustafa before Haji Muhammad Latif and Mubarik Ali on 10-1-1985 and these witnesses had appeared before the Police on the same day and stated all this, and that prior to that Abdur Rashid and Muhammad Akhtar had also appeared and stated before the Police on 8-1-1985, that they had seen the deceased last, in the company of the petitioner alongwith Imdad, Riasat All and Talib Hussain. These witnesses, according to the Investigating Officer, had also stated that they had seen the petitioner and the other three persons taking away the deceased in a wagon from Bholey Di Jhuggi, Faisalabad at about evening time on 23-12-1984.
5. ' The motive for the occurrence, according to learned counsel for the State, was that Imdad Nabi co-accused of the petitioner wanted to marry a School Teacher Mst. Misbah Kausar, in whom the deceased was also interested and had at some stage good relations with her. According to him the deceased had come to Bholey Di Jhuggi, on a letter having been received from Mst. Misbah Kausar, inviting him to join and settle about the marriage. According to learned counsel for the State Mst. Misbah Kausar has also been arrested and stands challaned.
6. There is no allegation of ill-will or male fides against any of the witnesses before whom the petitioner is alleged to have made confession and the witnesses who have deposed about the deceased having been last seen in company of the petitioner and others, The petitioner is a serving Police constable and it cannot be believed that any Police Officer will go beyond limits to falsely implicate the petitioner. Whether the evidence will be sufficient for basing conviction or not, will have to be seen at the trial, but for the present no reasonable grounds appear of the petitioner not having committed the offence under section 302, P.P.C.
7. ' In the circumstances, there is no merit in this petition. The same is dismissed in limine.