' This order shall also dispose of Criminal Miscellaneous No,5106/B of 1992.
2. Petitioners besides four others, are accused in case F.I.R. No,240 registered at Police Station Safdarabad, District Sheikhupura, on 11-10-1991 under section 302, 364, 148/149, P.P.C. On the statement of Fazal Muhammad complainant.
2. The allegations are that Mst. Samina, wife of Ismail petitioner and sister of Ashfaq petitioner, had allegedly been abducted by Abdul Ghani son of Suleman injured P.W. And a case of her abduction and Zina got registered by Ashfaq petitioner against the abductor and abductee failed on account of her making favourable statement during investigation. In this background, on 4-10-1991 at 8 a.m.
The petitioners alongwith Ashraf, Zulfiqar, Akram and Mst. Sardaran co-accused, armed with different weapons, forcibly put Mst. Karamat Bibi alias Karmo (deceased) and her husband Suleman P.W. In a wagon at Jay-chak for some destination in order to compel them to get Mst.
Samina traced. On the way Fazal Muhammad complainant and Wali Muhammad also boarded the vehicle and when it was moving for some destination, the accused party started beating Mst.
Karamat Bibi alias Karmo (deceased) and her husband Suleman P.W. She received six injuries on different parts of her body and Suleman P.W. Suffered three injuries. She died in the vehicle and the accused party took her to their own house. The matter was reported to the police by Fazal Ahmad and the case was registered against the petitioners and their co-accused in the manner aforesaid.
3. The petitioners were arrested on 23-10-1991 by the local police which found them guilty for Qatl- e-Khata punishable under section 319, P.P.C. And abduction under section 364, P.P.C. For committing her murder. It was then investigated by the Range Crimes, Lahore, which came to the conclusion that the accused had committed the murder of Mst. Karamat Bibi alias Karmo and she alongwith her husband was being abducted for the purpose of committing murder. The investigation was ultimately transferred to the Crimes Branch and they have concluded that it was a case of abduction but Mst. Karamat Bibi alias Karmo (deceased) and her husband Suleman themselves had jumped out of the moving vehicle as a result of which they sustained injuries and the former later died. They have decided to prosecute Ismail, Ashfaq, Akram and Mst. Sardaran besides Muhammad Shafiq Driver under sections 320, 365, 148/149, P.P.C. After deleting sections 302 and 364, P.P.C. They have recommended for the discharge of Muhammad Ashraf and Zulfiqar co- accused as innocent.
4. It is argued on behalf of the petitioners that Mst. Sardaran accused alongwith her son-in-law Ismail petitioner and her son Ashfaq petitioner was going alongwith Mst. Karamat Bibi alias Karmo (deceased) and her husband Suleman P.W. In the same wagon to the Dera of Abdul Rashid M.PA.
At Farooq Abad in order to get the dispute about the abduction of her daughter Mst. Samina Bibi by Abdul Ghani, the son of Mst. Karamat Bibi and Muhammad Suleman P.W. Decided in a Punchait and when the vehicle was moving on the metalled road, Mst. Karamat Bibi jumped out of it, followed by her husband Suleman P.W. And as a result of the fall both of them suffered injuries and she ultimately expired. The complainant party, according to the learned counsel gave a twist to these facts and made out a case of murder against the petitioners and their co-accused. It is further contended that the accused party could not forcibly put the complainant party into a vehicle in the village nor the two P.Ws. Could be allowed to sit in the vehicle on the way as alleged in the F.I.R.
5. Both the applications has been opposed on behalf of the State as also by the learned counsel for the complainant. It is contended that if the parties were going for Punchait to the Dera of Abdul Rashid, M.PA. At Farooqabad, then he should have been associated with the investigation but nobody seems to have adverted to this aspect of the matter. It is urged that there could be no possibly of the Punchait being convened at night at a distant place and if at all the parties were going for a Punchait, there was no necessity of Mst. Karamat Bibi alias Karmo (deceased) having accompanied them. It is submitted that the version of the occurrence now being pressed into service on behalf of the accused is an afterthought. It is urged that if Mst. Karamat alias Karmo (deceased) had really jumped out of the vehicle and had suffered a fatal injury, she should have been brought to the hospital instead of being taken to the house of the accused from where her dead body was recovered by the police. It has been pointed out that the challan has already been submitted to the Court of Session pursuant to the findings of Range Crimes and the investigation now being carried out by the Crime Branch is mala fide.
6. The gist of the findings recorded by various investigating agencies has already been given. It is an admitted position that Mst. Samina, the wife of Ismail petitioner, had allegedly been abducted by Abdul Ghani son of Suleman P.W. And Mst. Karamat Bibi alias Karmo (deceased) and she alongwith her minor son hardly 2-3 years old, is still not traceable. On account of this incident the relations between the parties were strained and it is possible that in order to resolve the controversy whether or not she had been abducted by Abdul Ghani and was being kept by him somewhere, the parties might be going together to the local M.PA. For his decision. I do not find much force in the contention of the learned counsel for the complainant that Mst. Karamat alias Karmo (deceased) and her husband Suleman were forced by the accused party to board the wagon at 8 p.m. At the village (Jay Chak) for some destination in order to kill them or to force them for the restoration of Mst. Samina and the dect ased was given beating by the accused party in the moving vehicle. The presence of the ladies of the either side in the vehicle indicated that they were most probably going to the local M.PA. For the resolution of their controversy at late hours as he was generally available at his Dera at that time. The association of the M.PA. With the investigation to ascertain as to whether or lot he had given any appointment to the parties during the night of occurrence, would, to a greater extent, have clarified this matter but none of the investigating agencies seems to have associated him with the investigation of the case. It also does not seem probable that the accused party was armed with deadly weapons with which they gave beating to Mst. Karamat Bibi alias Karmo (deceased) and her husband Suleman P.W. It appears that during the transit the parties fell out with each other as their relations were already strained and in the struggle, either Mst. Karamat Bibi alis Karmo (deceased) and her husband jumped out of the vehicle on account of the fear of the opposite party, or they were pushed out by them, without the knowledge of the driver of the vehicle who could not immediately have known as what was happening behind him if his cabin stood separated from the rest of the body of the vehicle.
Perhaps for that reason he could not stop it instantaneously. I am of the view that the deceased lady as also her husband both suffered injuries as a result of their drop out and not as a result of the beating given by them by hatchet, butts of guns and Dandas. The Crimes Branch, Lahore, more or less, has also reached the same conclusion. As regards the presence of the eyewitnesses, other than Suleman P.W. Who claimed themselves to have boarded the moving vehicle on the way, it is not something easily acceptable. If they really boarded the moving vehicle on the way, then there can be more weight in the version of the accused party that they alongwith their opponents were going to Farooqabad for Punchait.
7. For various reasons stated above, the petitioners, who have been in the lock-up for quite a few months, are granted bail if they furnish bail bonds in the sum of Rs,50,000 each with one surety each in the like amount to the satisfaction of the Assistant Commissioner/Duty Magistrate, Sheikhupura.
8. It may be mentioned that during the course of arguments it has transpired that Mst. Samina abductee alongwith her minor son, who is hardly 2/3 years old, is still not traceable and the police has cancelled the case F.I.R. No,170 registered at Police Station Safdarabad, against Abdul Ghani son of Suleman on account of her favourable statement. Being a married lady, having a baby, if she had really appeared before the police during the investigation, then she should have either been restored to her parents or to her husband and it is not understandable as, where she was allowed to go and why the case was cancelled? The police should have worried for the life and illegal custody of the baby which is a more serious and independent offence, if they were not worrying for his mother for her amorous activities.
8. S.P. Sheikhupura should, therefore, be asked to submit a detailed report, so as to reach this Court on 26-1-1993, as to how and why the case was cancelled and why the abductee and her baby have not been restored to her/his parents so far? S.H.O. Of Police Station Safdar Abad should also be asked to appear with record of case F.I.R. No,170. The A.S.I. Has been directed to convey this order to him.