1. The facts of the case have been mentioned by the learned Sessions Judge in his order, dated 30- 5-1985 as under:-- "This crime is the outcome of the Crime No. 29 of 1985 in which it is alleged that the accused while conducting Nakabandi came across deceased Shahid Hussain Shah and Hussain Manjrio taking away one cow and on their challenge deceased opened fire from the pistol towards the police due to which in self-defence accused Rafiq A.S.I. Also fired two shots from his revolver in self-defence due to which Shahid Hussain Shah was hit and he succumbed to his injuries. Police registered the case against deceased Shahid Hussain Shah and Hussain under sections 307, 353 and 411, P.P.C.
2. And also under section 13-D, Arms Ordinance. The death of deceased Shahid Hussain Shah who was alleged to be big Zamindar and a respectable person of the locality spread like a wild fire as it was considered to be impossible that a big Zamindar and a respectable man would commit a theft of one cow. Consequently due to the persistent demand of people in general a Judicial enquiry headed by Mr. Sabhago Khan, S.D.M. Mirpur Sakro at Gharo was ordered by the District Magistrate. Learned, Magistrate during the judicial probe amongst the other witnesses examined same witnesses Ayub butcher whose cow was said to have been stolen and Hussain who is alleged to have made confession to have committed theft alongwith deceased Shahid Hussain Shah. Ayub butcher stated before the learned Magistrate that his cow was never stolen but he was a simply made to sign a blank paper which purported to be the report lodged by him for the theft of his cow.
3. Thus according to him his cow was never stolen.
4. Similarly, boy Hussain after he was released on bail categorically denied to have committed theft of the cow of P.W. Ayub alongwith deceased Shahid Hussain Shah. According to him judicial confession was given by him due to maltreatment, harassment and threats of the police that in case he would not make confession either he would also be done to death or his father. After the release of Hussain on bail he gave the true account of the story to the learned Magistrate saying that no theft of cow was at all committed by him and deceased Shahid Hussain Shah but that cow was taken by the police from the petrol pump to falsely engineer the case of theft against him and the deceased so as to bolster a false defence since they had killed deceased Shahid Hussain Shah without any rhyme or reason."
5. On 26th March, 1985, three cases were registered against the deceased and co-accused Hussain under sections 307, P.P.C., 13-D, Arms Ordinance and theft of bullock about the incident which occurred on 25/26 March, 1985. A direct complaint was filed by Syed Shaukat Hussain and was not prosecuted and dismissed by the learned Sessions Judge by order, dated 21st July, 1985. Thereafter, a judicial enquiry was conducted by the S.D.M. And he has held the present applicant responsible for the murder of the deceased. On the direction of the District Magistrate the cases were registered against the applicant and others and enquiry entrusted to Crime Branch Hyderabad.
6. According to the investigation, the police party have acted in self-defence and they are not involved. The present applicant was not armed with any weapon nor fired on deceased. The controversy is yet to be established as who is guilty of the offence. It is the case of further enquiry.
7. The challan has been submitted but the trial has not started. The applicant is admitted to bail in the sum of Rs.25,000 (Rupees twenty-five thousand only) and P.R. In the like amount to the satisfaction of the trials Court.