RASHID AZIZ KHAN, J.--The petitioner seeks bail in a case registered against him, with Police Station Raiwind, under sections 302/148/149 PPC, vide FIR dated 28-10-1987. The allegation against the petitioner is that on 28-10-1988, the petitioner along with five other co- accused committed the murderous assauIt on Ata Muhammad. The Petitioner was armed with, 12 bore gun and fired at Ata Muhammad hitting him as well.
It is contended by learned counsel for the petitioner that the prosecution assertion is that the deceased was fired at successively by the two co-accused of the petitioner yet he did not fall on the ground which indicates that the story as set. Up by the prosecution is false. Submits that there was blackening on the injury of the person of the deceased which shows that it was fired from close range and in such circumstances three persons were firing one after the other, would not be possible. The petition has been opposed by learned cvounsel for the State.
2. I have heard learned counsel and perused the file. The petitioner is named in the FIR. He was armed with 12 bore gun which he effectively used hitting the deceased. The occurrence was witnessed by independent persons as well. Prima facie there are no reasons to disbelieve the prosecution story which find corroboration from the medical evidence as well. In these circumstaces I find no merit in the petition which is dismissed.