The petitioner alongwith Abdul Haq, his co-accused, has been committed to stand his trial under section 302, P. P. C. The evidence is that the deceased, his brother Ghulam Rasul, who is the first informant in this case and Munshi, who has appeared as P. W. 4 before the learned Magistrate, were sleeping when the petitioner came there armed with a rifle alongwith Abdul Haq, who was armed with a barchhi. 'The petitioner fired at Ramzan, deceased, where after the miscreants took to their heels. Ramzan died there and then.
2. At the enquiry Ghulam Rasul stuck to the contents of the F.I.R. His brother Rafiq who had identified the dead body of the deceased, stated that he and Ghulam Rasul, first informant, were sleeping in their house when they were informed about the incident at 5 a. m. 'and after that they went to the spot. Munshi appeared as P. W. 4 and said that only be and Ramzan deceased were sleeping at the tubewell. He heard that a shot was fired but he could not see as to who had fired. He was declared hostile and cross-examined.
3. It is submitted that the statement of Rafiq, the brother of the deceased negatives the assertion of the first informant that he was sleeping at the have and that he had seen the occurrence which had taken place at about 9 or 10 p. m. Munshi has also stated that he did not see anybody firing from his rifle. It is submitted by the learned counsel that the state--ment of Rafiq coupled with the statement of Munshi, detracts from the strength of the prosecution story and the benefit thereof should go to the petitioner at least for the purposes of bail.
4. The appraisal of the evidence has to be made by the trial Court. There being, however, indications that there is room for further enquiry a to the culpability of the present petitioner, I direct that he shall be released on bail in the sum of Rs. 10,000 (Rupees ten thousand) with two sureties in the sum of Rs. 5,000 each to the satisfaction of the Assistant Commissioner, Sahiwal.