MUHAMMAD AMIR MALIK, J.- Bahsdar Khan complainant lodged the FIR on 7.7.92 about the occurrence having taken place the same day in the village Abadi at 4.30 p.m. According to his version the petitioners armed with guns alongwith seven others also armed with fire-arms assaulted in the street and near the Baithak of Mansoor, Bushra deceased a niece of the complainant, was hit by the shots fired by Bashir Ahmad, Nadir, Tariq co-accused and a shot by Khan Muhammad petitioner also hit on her right hand. Thereafter general firing is attributed to the petitioners and their co-accused.
2. Contentions raised are that the petitioners had throughout been declared innocent by the investigators, no role had been attributed to Ashraf at all while a shot had been attributed to Khan Muhammad petitioner but no crime empty had been recovered from the spot. It is also contended that the vaginal swa bs of the unmarried deceased girl were reported to be positive by the Chemical Examiner. The Crime Branch have also concluded that when there was cross-firing a shot of the complainant party hit the deceased. Leaving this aspect of the matter aside, in view of the fact that the petitioners have been consistently found to be innocent and no injury is attributed to Ashraf petitioner, the case of the petitioners calls for further inquiry. Allowed bail in the sum of Rs.
50,000/ each with one surety each in the like amount to the satisfaction of the trial Court.