The petitioner alongwith others have been proceeded against vide F.I.R. No.8/94, dated 17-1-1994, P.S. Qadirabad under sections 302/34, P.P.C. For the murder of Zakia Bibi on the complaint of Ghulam Qadir.
2. The prosecution story as stated in the F.I.R. Is that the petitioner and Muhammad A.I husband of Zakia Bibi were living together in a house and they had also joint property. The property was being managed by the petitioner Salhaun. He used to give monthly income to Mst. Zakia Bibi but Mst.
Zakia Bibi was not too happy with this arrangement. She always pestered her husband for partition of the said property which was not appreciated by Salhaun petitioner and he bore grudge which prompted him to murder Mst. Zakia Bibi. She was done to death in-between the night of 12/13-12- 1993 and the same was reported to the police on 15-12-1993 by Salhaun petitioner himself but not as a murder case. In the said report petitioner stated that Mst. Zakia deceased was his sister-in- law and that she used to remain sick and perhaps she had committed suicide on account of her prolonged illness. He further stated that there was no doubt about her cause of death and that he did not suspect anybody of having murdered her. On 16-12-1993 post-mortem was conducted according to which she had no external marks of injury on her dead body. The report of the Chemical Examiner was received and according to the said report no traces of poison were detected.
3. On 4-1-1994 a second post-mortem examination was conducted on the application filed by the father of the deceased. As per report of the post---mortem examination the cause of death was asphyxia and there were marks of external injuries as well on the dead body. On 22-1-1994 statements of two witnesses namely Bashir Ahmad son of Ghulam Rasool and Lal son of Hayat were recorded. They stated that on the fateful night they saw the petitioner Salhaun dragging Mst.
Zakia Bibi by putting a cloth around her neck. Mst. Sughran and Naziran Bibi who washed the dead body stated before Investigation Officer that they saw marks of violence on the neck of the deceased.
4. Learned counsel for the petitioner seeks bail on the following grounds:---
(i) That there is a delay of 34 days in lodging the F.I.R. And no explanation is coming forth for such a delay.
(ii) That the husband of the deceased Muhammad A.I has filed a private complaint for the murder of his wife in which Muhammad Akram and Ahmad are accused for the murder of Mst. Zakia Bibi deceased. It is further alleged in the complaint that father of the deceased Zakia Bibi is trying to help the accused.
(iii) That there are only two eye-witnesses whose statements were recorded after a delay of four days of lodging the F.I.R. And after 38 days of the occurrence.
5. Learned counsel for the State has opposed the bail. He has submitted that Muhammad Azim made a statement under section 161, Cr.P.C. Before the Investigating Officer on 26-12-1993 that there were external marks of violence on the person of the deceased, that the dead body was recovered from the room where the petitioner Salhaun lives, that Bashir and Lal made incriminating statements against petitioner and that the petitioner is accused of an offence which falls within the prohibitory clause of section 497, Cr.P.C. And therefore, is not entitled to bail.
6. I have heard learned counsel for the parties and also perused the record.
7. The report of the second post-mortem examination is dated 4-1-1994 and it was on 17-1-1994 when the F.I.R. Was registered on the complaint of the father of Mst. Zakia Bibi. The evidence collected is:---
(i) Statements of Bashir Ahmad and Lal Khan recorded on 22-1-1994 to the effect that on 13-12-1993 they saw Mst. Zakia Bibi being dragged by Salhaun petitioner and taken to room which was bolted by the petitioner from inside and later on they came to know that Mst. Zakia had been murdered.
(ii) On the same day (22-1-1994) statements of Mst. Sughran Bibi and Naziran Bibi were recorded.
These women washed the dead body of Mst. Zakia deceased. They stated that they found a black mark on the neck of the deceased and that her neck bone had been broken. They further stated that there was swelling on her nose and there was a nail mark on the forehead of the deceased.
(iii) The conduct of petitioner whereby he attempted to conceal the murder by making the initial police report and of procuring a false post-mortem report.
(iv) The dead body was recovered from petitioner's house.
8. The statements of the witnesses though recorded rather belatedly yet in a case of this kind it is understandable that when the head of the family did not want the matter to be reported as a murder case who would come forward to produce the evidence. It seems that the petitioner made an attempt to conceal the crime by making initial report in the police station that his sister---in- law had died and he suspected that she had committed suicide. Her husband never reported this matter to any body. The recovery of dead body from petitioner's house, the report of the second post-mortem examination, statement of the complainant, the testimony of Bashir, Lal and two ladies who washed the dead body prima facie connect the petitioner with the commission of an offence which falls within the prohibitory clause of section 497, Cr P. C. He is therefore, not entitled to bail at this stage and the petition is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.