Muhammad Amir Malik, J.- Muhammad Ramzan a lad of 14/15 years, son of Din Muhammad complainant, was living along with his mother and grandfather and used to graze cattle in the jungle. As usual he left the house with the cattle in the morning of 9.9.1988 which returned to the house at degarwela but Muhammad Ramzan did not reach back. The complainant was informed who reached the next day, search was made and the deadbody of Muhammad Ramzan was found at about 11.00 p.m. FIR was lodged still on the next day i.e. 11.9.1988 and over the motive of a previous murder Fateh Muhammad, Nawaz, Muhammad Ramzan and the present petitioner were mentioned as the possible suspects. The others have been found innocent by the police during the investigation while the petitioner has been challaned to the Court.
2. The evidence collected against the petitioner is that of the last seen, recovery of a pair of chappie from the house of the petitioner at his instance and a knife which is not blood-stained.
What is the significance of the recovery of chappie is not made clear. The statements of Ghulam Ali, Muhammad Ramzan and Fateh Muhammad PWs, the witnesses as to last seen, recorded under section 161 Cr.P.C, have been read out in Court and prima facie it cannot be said that these properly constitute the evidence of last seen, inasmuch as there is no mention of the deceased being seen with the petitioner and three other associates near the place of occurrence. Hence allowed bail in the sum of Rs.20,000/-with two sureties in the like amount to the satisfaction of the trial Court.