ABDUL HAFEEZ CHEEMA, J. - The petitioners are involved in case FIR No. 2/96, dated 2.1.1996, under Sections 302/34 PPC read with Section 109 PPC, registered at P.S. Syedwala, District Sheikhupura, at the instance of Muhammad Anwar son of Najabat Khichi.
2. The prosecution version as per initial report, briefly, is that complainant and his brother,. Allah Ditta deceased were tenants of Shaeq Mehmood Kharral of the village. On 1.1.1996 the complainant and his brother Allah Ditta were present at their Dhari. At about evening time Khan Muhammad son of Hassan, brother-in-law of Allah Ditta, deceased, came to their Dhari and took Allah Ditta to the lands under his cultivations. The complainant also followed them. At about 7 p.m. The petitioners and two others who were ambushing behind the heap of Parali suddenly emerged there. Shah Jehan petitioner fired with his rifle hitting Allah Ditta at his chest whereas Khan fired with his gun which hit Allah Ditta at his left side of neck. The hue and cry raised by the complainant, attracted Ameer Ali, Nawaz 'ind Ghulam Muhammad PWs who were watering their fields quite close by.
The motive for the occurrence allegedly was that Allah Ditta had purchased an acre of land from Shaeq Mehmood which Khan himself wanted to buy and on account of this grievance, the assailants caused the death of Allah Ditta on the abetment of Ghulam Muhammad son of Hassan.
3. In support of his contention, learned counsel for the petitioners submits that both the petitioners have been declared innocent by the police and nothing has to be recovered from them; that the case has been registered out of sheet malice and enmity.
4. The bail has been stoutly opposed by the learned State counsel on the grounds that both the petitioners have been named more or less as the principal accused; they were armed with deadly weapons and have been attributed fires which caused the instant death of Allah Ditta; the investigation, according to him, does not appear to be fair and honest.
5. Arguments have been heard and record perused. The petitioners have been mentioned with specific and distinct roles in the FIR and it was alleged that in pursuance of their fires, the death of Allah Ditta had occurred soon after. Learned trial Judge appears to have rightly disbelieved the prosecution version which according to him is not supported by any solid evidence on record. They are charged with an offence which is punishable with death. The challan has reportedly been submitted to the Court. No ground has been made for their release on bail. This petition is therefore rejected the trial Court is, however, directed to dispose of the matter as early as feasible.