' This revision petition arises out of an order dated 4-2-1975, passed by the learned Sessions Judge, Dera Ghazi Khan.
2. The brief facts of the case are that on 25-6-1972, a case under section 302/364, P.P.C. Was registered on the statement of Ahmad Bakhsh (P.W.1) at Police Station Harind, District Dera Ghazi Khan. The case was committed by Mr. Bashir Ahmad Khan Magistrate 1st Class, D.G. Khan, on 28-9- 1974, for trial before the Sessions Court. When the matter came up before the trial Court, an application was made by the learned counsel for the accused persons that the Court had no jurisdiction to try the case. On that application, arguments were heard and the Court found that it had no jurisdiction in the matter. Consequently, further proceedings were dropped for want of jurisdiction.
3. The learned Assistant Advocate-General contended that the occurrence had taken place within the territorial limits of Dera Ghazi Khan and that the mere fact that the dead body was recovered from the Province of Balochistan was not sufficient to oust the jurisdiction of the Sessions Court, Dera Ghazi Khan. There is no substance in the argument of the learned Assistant Advocate- General. The F.I.R. Does not disclose that Yar Muhammad (deceased) was abducted by the accused persons. Ahmad Bakhsh the maker of the F.I.R. Had clearly stated that on 22-6-1972, he was sitting outside his house, when Maula Bakhsh and Lal accompanied by Yar Muhammad deceased came near his house. He called his cousin Yar Muhammad and asked him as to where he was going. Maula Bakhsh replied that his bullock had disappeared and that they were going in search of the same. Thereafter, Yar Muhammad (deceased) and the accused persons went away.
To the same strain is the statement made by Ahmad Bakhsh (complainant) as P.W.1. Thus, there was nothing to indicate that Yar Muhammad (deceased) was abducted by Maula Bakhsh and Lal accused. The possibility that after the fruitless search for the bullock, Yar Muhammad (deceased), at his own, went to the area of Phalla Wagha, District Sibbi, Balochistan and was killed there by sombody could not be ruled out. The place where and the persons by whom the deceased was killed remains shrouded, in mystery. The dead body was found in the area of Phalla Wagha of District Sibbi, Balochistan and the competent Court of the said area could have tried the case. In the facts and circumstances of the case, the learned Sessions Judge, Dera Ghazi Khan, had rightly held that he had no jurisdiction to proceed with the trial of the case. The revision petition is, therefore, dismissed.