' The offences are under section 302, 509/34, P.P.C. It is the case of prosecution that accused persons namely Ihsan Ali, Suhno and Shamsuddin used to make advances to Mst. Nooran, sister of deeeased Karim Bux which was resented by him. On the protest Ihsan Ali and others used to threaten the deceased with dire consequences. On the day of incident, that is, 13-4-1979 at about 2-30 a.m. The accused persons entered the house of the deceased and Mst. Nooran woke up and raised cries on which Karim Bux came and grappled with Ihsan Ali who was armed with a revolver.
Ihsan Ali fired a shot at Karim Bux who fell down injured. Ghulam Yasin, Faqir Bux and Abdul Karim went to the spot on cries and saw the incident. Accused persons were identified in the light of electric bulb. Report was lodged on the same day at 4-30 a.m. At Police Station Bagerji which is 12 miles away from the Vardat. During the investigation applicant Suhno was arrested on 30-4-1979 and hatchet has been recovered from him but is not stained with blood. Pistol was recovered from Ihsan Ali, Shamsuddin is absconding. Post-mortem report shows that Karim Bux sustained two fire- arm injuries in the result whereof he died.
2. The learned counsel for applicant contends that so far the case of applicant Suhno is concerned it is distinguishable on the ground that he had not played any active role in the perpetration of crime. It is not the case of prosecution that Suhno caused any injuries with hatchet to the deceased or for that matter to any other prosecution witness. For these reasons it is stated that so far the question of applicablity of section 34, P.P.C. Is concerned, it is yet to be decided by the trial Court after the evidence is adduced and evaluated till then the case of applicant Suhno falls under section 497(2), Cr.P.C. For further inquiry. Applicant Suhno is, therefore, admitted to bail in the sum of Rs,10,000 with one surety and P.R. In like amount to the satisfaction of the trial Court.