1. ' The case against Tahassum Jamil and Yousuf under sections 302, 307, 380/34, P.P.C. Is pending for trial in the Court of IVth Additional Sessions Judge, Karachi East.
2. ' Briefly the facts are that there was dispute between step-mother of complainant Ghulam Muhammad and his father due to which Mst. Jamila wife of Taj Muhammad left her house and took away gold ornament and started living at the house of his first son Jamil Ahmed in Shah Faisal Colony-3. Complainant had tried to bring her but his all efforts failed. One day before the incident accused Yousuf brother of Mst. Jamila 'alongwith appellant Tabbsum Jamil came at the house of complainant and told that his aunt is demanding bangles and other articles to which complainant replied that they can return the articles if she is prepared to return their articles too. On this Yousuf and Tabassum Jamil got angry and went back. On 6-5-1987 at 10-30 a.m. Applicant Tahassum Jamil and Yousuf came to the house of complainant and started quarreling with Taj Muhammad. It is alleged that Tahassum Jamil fired at the head of Taj Muhammad. In the meanwhile Ruhhy daughter of complainant caught hold of Taj Muhammad and tried to intervene but accused Yousuf gave knife blow on her neck, due to which she fell down and died. Complainant Ghulam Muhammad was also fired at by applicant Tahassum Jamil on his head. Thereafter, accused ran away with gold ornaments and cash of Rs,2,500. Ghulam Muhammad brought his daughter Ruhhy to Jinnah Hospital through Eidhi Trust vehicle and his father Taj Muhammad was brought by Muhammad Yasin and Usman in taxi. Thereafter case under sections 302, 307, 380/34, P.P.C. Was registered at Police Station Landhi and both the accused were challaned.
3. ' I have heard Mr. Nazir Hussain Sajjan Alana. It is contended by the learned counsel that there is delay of two hours in lodging the report. The applicant is about 17 years old and belongs to Lahore.
4. He has been implicated due to enmity. It is argued that there are contradictions between the F.I.R.
5. And the Medical Certificate.
6. ' Mr. Abdul Ghafoor Mangi learned A.A.-G. Has opposed the bail and submitted that there are as many as four independent witnesses and it is daylight incident. It is contended by the learned A.A.- G. That there is sufficient circumstantial evidence also against the applicant Tabassum Jamil as revolver containing two empties and two live cartridges was recovered at his potation.
7. There is direct allegation against the applicant that he came duly armed with revolver in the house of complainant and fired at two persons namely complainant and Taj Muhammad. He was with Yousuf who according to the prosecution gave injuries to Rubby who died at the spot and Yousuf was caught red-handed. The delay has properly been explained as complainant took Rubby to hospital and Usman brought injured Taj Muhammad in the Jinnah Hospital. Even otherwise delay is of two hours only as injured were removed to hospital for medical aid. The prosecution case is that one broken handle of revolver of applicant was secured from the Wardat and accused also produced pistol with broken handle. There are four independent eye-witnesses. Prima facie there is sufficient evidence and there are no reasonable grounds that applicant is not guilty of the charge.
8. The application is dim issued.