' Muhammad Sarwar, Ghulam Abbas, Faqir Mohammad P. Ws. And Ashiq Hussain deceased had gone to the red light area, on 15-1-1976, at about 9-30 a.m. In order to enjoy the music. Kala co- accused was present in the lane in front of his house. Muhammad Sarwar P. W. Called him who replied harshly and it led to exchange of abuses between Ghulam Sarwar P. W. And Kala co- accused. Kala co-accused entered his house and brought a dagger. The petitioner and other co- accused reached the spot armed with dagger and sticks. The petitioner was carrying a stick at the time of occurrence. According to the prosecution case, the petitioner and his co-accused object of unlawful assembly committed the murder of Ashiq Hussain deceased and attempted on the lives of Faqir Mohammad, Ghulam Abbas and constituted an unlawful assembly and in the prosecution of the common Mohammad Sarwar P. Ws. The petitioner who was armed with a stick had caused injuries to Faqir Mohammad and Ghulam Abbas P. Ws. Originally the case was registered under sections 148, 307/149, P. P. C. But on the death of Ashiq Hussain, the offence under section 302, P. P.
C. Was added.
2. Learned counsel for the petitioner contends that the complainant changed his version inasmuch as he changed the arms which were in the ands of the petitioner and also the part attributed to them, that there was two pre-meditation, hence the provisions of section 149, P. P. C. Were not attracted : that the petitioner had no motive to commit the murder and join hands with his co- accused ; that the occurrence had taken place inside the house of Kala co-accused ; that Usman alias Pappu co-accused was granted bail by this Court and the petitioner's case was at better footings ; that the recovery witnesses were from Lyallpur, therefore, their statements could not be accepted.
3. I have considered the arguments of the learned counsel for the petitioner. So far as the petitioner is concerned, the complainant and the prosecution witnesses are unanimous that he had caused injuries to Faqir Muhammad and Ghulam Abbas P. Ws. With stick. The case of Usman alias Pappu, who was granted bail by this Court is distinguishable from the case of the present petitioner. He was granted bail on the ground that in his case the prosecution witnesses had changed the weapon as well as the part assigned to him. Unlawful assembly can be formed even at the spur of the moment and premeditation is not a pre-requisite. When the abuses were exchanged between Muhammad Sarwar and Kala co-accused, the petitioner and other co-accused reached the spot armed with dagger and sticks. The petitioner was a member of an unlawful assembly. Prima facie provisions of section 149, P. P. C. Are attracted in his case. He had taken active put in the occurrence and had caused injuries to Faqir Muhammad and Ghulam Abbas P. Ws. The occurrence had not taken place inside the house of Kala but had taken place outside his house. There are reasonable grounds to believe that the petitioner is guilty of an offence punishable with death or imprisonment for life. His case falls under the prohibitory clause of section 497, Cr. P. C. His bail petition is dismissed.