Muhammad Rafi alias Nosha Khan who is charged for the murder of Nazir Masih deceased has applied for bail.
2. The prosecution case is that on 19-12-1988 a dead body was recovered from a water-course in the area of Village Dogerai Kalan (P.S. Batapur) Lahore. It was bearing injuries on the neck, forehead and head.
The assailant is not named in the F.I.R. The petitioner was arrested on 29-1-1989 on the basis of last seen evidence and recovery of VCR at his instance and also of blood-stained bricks. During investigation it came to light that Nazir Masih deceased had obtained a V C R from Aslam Masih P.W. Which he had delivered to the petitioner who was not returning the same and he took him along on the pretext of returning the V.C.R. And murdered him in the fields.
Yousaf Masih, Salman Masih and Pooran Masih appeared before the police claiming to have last seen the deceased in the company of the petitioner, Aslam Masih deposed about having lent the V.C.R. On hire to the deceased. Haseeb-ud-Din deposed that the petitioner had approached him for the sale of the V.C.R. Inayat Masih and Razzaq A.S.I. Are witnesses to the recovery of the said V.C.R. At the instance of the petitioner. Inayat Masih is also a witness to the recovery of bricks at the pointation of the petitioner.
3. It is contended that the petitioner is not named in the F.I.R., circumstantial evidence has been fabricated and the petitioner have been involved on account of suspicion only.
4. The prosecution has collected evidence against the petitioner from various sources, the V C R which allegedly led to the murder has been recovered from the house of the petitioner at his instance. He allegedly tried to sell away the said V.C.R to Haseeb-ud-Din P.W. Furthermore there is evidence of last seen against him.
SA./M-1409/L