' Petitioners' paternal-grandmother Mst. Barkat Bibi got a case registered against them vide FIR No, 125 of 7-5-1989 u/s 302/34 PPC at Police Station Green Town, Lahore, for having murdered their father Majeed Masih deceased, alleging that the latter on account of quarrelsome activities and heroin addiction of the petitioners severing all ties and stripping them off the right of inheritance had turned them out of the house, who with a view to avenging the same on the night of 7-5-1989 at 2.30 a.m. Equipped with 'churris' came over and after exhortation each of the petitioners caused three `chhuri' blows to the deceased viz. In the abdomen, right shoulder and left upper arm, abdomen, chest and left hip respectively. Upon hearing hue and cry, petitioners' mother Mst.
Zobaida and their brother Younas woke up and tried to intervene but they vanished away. The deceased in the injured condition was rushed to Lahore General Hospital, where he succumbed to the injuries; wherein bail is being sought on the solitary ground that the complainant and the other two eye-witnesses viz. Respectively wife and son of the deceased have sworn exculpatory affidavits to the effect that they have not witnessed the occurrence, rather, they found the deceased dead at 5/6 a.m. When they woke up at the usual time, thus is a case of further inquiry in support whereof learned counsel has referred the following precedents i.e, 1988 SCMR 474, 1979 SCMR 30 and 1984 P Cr.L J 1433, while on the other hand, learned counsel appearing on behalf of State has opposed the bail petition.
2. Perusal of the record reveals that the deceased, soon after the occurrence was removed to Lahore General Hospital where, according to the Doctor's Certificate, he expired at 3.35 a.m. i.e, within an hour of the assault which coincides with the timing spelt out in the inquest report, credence whereto is lent by the stomach contents divulged in the post-mortem report viz. Three ounces of semi-digested food; which utterly belies the sheet anchor of the three affidavits viz. According to the irrefutable medical evidence coming forth from unimpeachable independent source the deceased expired in the Lahore General Hospital at 3-35 a.m. Therefore, his body could have not been found by the deponents at 5/6 a.m. In the house, even otherwise the factum of the affidavits having been devised after six months of the occurrence seems to be an afterthought.
3. Prima facie, nature, number and seat of the injuries coupled with particularization of the weapon of offence with which the same have been caused "long sharp-edged weapon", the recovery of the crime weapon attested by independent witnesses and lodging of the FIR with promptitude with no motive of the complainant to falsely implicate the petitioner's constitute reasonable grounds for believing petitioner's involvement in the offence charged falling within the prohibitory clause envisaged by section 497(1) of the Cr.P.C.
4. In view of the fact that the theory postulated in the affidavits stands belied by the medical evidence, the precedents cited at the Bar are distinguishable on the peculiar facts of the case.
Before parting, it may be observed that prima facie, fabrication of the affidavits in question appears to be a concerted attempt designed to destroy material piece of evidence with a view to getting the petitioner off the hook, which venture amounts to constituting a cognizable offence, therefore, such tendency does not merit to be encouraged; consequently, this petition is dismissed.