' Amir Khan, petitioner, seeks bail in a case registered against him in Police Station, West Cantonment vide F.I.R. No, 918 dated 3-9-1994 under section 302/34, P.P.C. The report was lodged by Samin Jan to the effect that on 3-9-1994 at about 18-30 hours he along with his wife Mst.
Mehreen and daughter Mst. Shabana on their way to the house of Sher Zaman, butcher, came across Amir Khan, petitioner, and an Afghan Refugee friend who (both of them) threw acid from the bottles on Mst. Shabana and thus burnt her whole body which resulted into her death.
2. Mian Muhibullah Kakakhel, Advocate, for the petitioner and Syed Amjad Ali, Advocate, for State assisted by Mr. Noor Muhammad Khan, Advocate, for the complainant heard. The record of the case also examined very carefully.
3. The learned counsel for the petitioner based his arguments on the medical report which pointed out the smell of kerosene oil coming out of the clothes of the deceased. He referred to the site-plan which shows the place of occurrence in the graveyard and which, according to him, did not find mention in the F.I.R. He has also invited my attention to the statements of Miss Rabia aged 5/6 years and Master Rafique Ahmad aged 10/11 years recorded under section 164, Cr.P.C. Which suggested the death of Mst. Shabana by self-conflagration. The learned counsel insisted that it was the case of suicide.
4. I examined the medical report very carefully.
5. The Medical Report which is not well-prepared and explanatory, however, suggests that death was due to shock resulting from the first degree thermal burnt of the whole body of the deceased.
'Thermal', according to Chamber's Dictionary, means 'pertaining to heat'. There was an odor of kerosene oil smelt from the clothes and no mention of acid indicated on the clothes or body of the deceased. The burnt of body also could not be verified to be a result of throw or spill of acid.
6. Chronological analysis of the event as per F.I.R. Would suggest that acid was thrown from two bottles, one by petitioner and other by his friend, an Afghan Refugee, namely, Farid, as a result of which entire clothes and flesh of the victim were burnt with the exception of few pieces of clothes and parts of body. It is generally observed that due to bottle necking acid would spread to a limited area unless the victim was held and acid was poured right over her body. Mere throw of acid from the bottles as alleged would not produce results as shown in the medical report. It would also not be free from doubt that the parents of the victim who were present with her at the time of incident made no efforts to pursue or try to overpower the assailants. It is also beyond comprehension that parents walking alongside of the deceased/victim did not receive any spray or sprinkle of acid. On the other hand there is confessional statement of the petitioner and recovery of bottle at his instance.
7. In view of all these contradictory situations I feel that it is a case of further enquiry and, therefore, in the circumstances allow bail to the petitioner in the sum of Rs,2,00,000 (two lacs) with two sureties each in the like amount to the satisfaction of Additional Registrar of this Court. The sureties shall be men of means and they shall produce the documents of the immovable property equivalent to the amount of bail.
8. These are tentative assessm ents and should in no way influence the mind of the learned Judge at the time of trial of the case.