' The present incident took place on 25-3-1995 at 2-30 p.m. And the report was lodged the same day at 3 p.m. Within half an hour without loss of time by one Jamil Ahmad, brother of Aqil Ahmad and paternal-aunt's son of Muhammad Usman deceased, against. Walayat Khan and his four sons, namely Amanullah, Jehangir Khan, Parvez Khan and Manzoor Khan for the murder of Muhammad Usman deceased and Aqil Ahmad deceased then alive with firearms. The case was registered initially under section 302/307/109/34, P.P.C. Against the aforesaid five persons mentioned above alongwith one Mtmeer son of Shah Rais Khan of Sonikote and subsequently on the death of Aqil Ahmad, section 307, P.P.C. Was also converted into 302, P.P.C. Amanullah, Jehangir Khan and Muneer, not petitioners before me were released under section 169, Cr.P.C. By the police while Walayat Khan was allowed bail by the learned Sessions Judge, Gilgit on 7-9-1995. So far, the present two accused-petitioners are concerned, the learned Sessions Judge did not grant bail to them and their prayer for bail was turned down. Feeling dissatisfied with the impugned order, dated 7-9-1995, the accused-petitioners have approached this Court in connection with their bail.
2. From the first information report, it is evident that no one is named as eye-witness to the present occurrence. The information conveyed to Jamil Ahmad, lodger of the F.I.R. Is also that of a derivative nature. It is Faqir Khan, whoSe name figures in the F.I.R. Was busy in breaking stones in the field of one Aqil on the bank of the river. Two other P.Ws. Ramzan and Ayub were also busy in breaking stones at some distance from Faqir Khan. At about 2-30 p.m. Faqir Khan heard the report of three fire shots in quick succession from the place where Muhammad Usman and Aqil Ahmad were fishing. Faqir Khan P.W. rushed towards the direction of fire shots and on his arrival at .The barren land of one Khalil, he found Usman lying dead prone on the ground while Aqil Ahmad was found in injured condition and half of his body was in the river water. Faqir Khan took out Aqil Ahmad from the water, who was alive and on his inquiry, Aqil Ahmad apprised him that Parvez Khan and Manzoor Khan, the present two accused-petitioners are responsible for causing the death of Muhammad Usman and injuring him with their fire-arms.
3. The whole case hinges on the alleged oral dying-declaration which Aqil Ahmad deceased then alive had made to Faqir Khan P.W. It is yet to be seen as to whether Aqil Ahmad injured, was in a position to speak or not and this point will be thrashed at the trial. Faqir Khan in his statement under section 161, Cr.P.C. Clearly stated that Aqil Ahmad on his arrival at the scene charged the two present accused-petitioners in his oral dying declaration before him. Apart from this, one :30 bore pistol and a five shot rifle have been recovered from the possession of the present accused- petitioners. Over and above this, two empties of .30 bore pistol from the scene of occurrence were also collected by the Investigating Officer.
4. Keeping into consideration the alleged oral dying declaration, by Aqil Ahmad before Faqir Khan, recovery of two empty shells of .30 bore pistol from the scene of occurrence and recovery of .30 bore pistol and five shot rifle from the possession of the accused-petitioners, prima facie, they are connected with the crime in question.
5. ' In the light of the aforesaid discussion, I am not inclined to allow bail to the accused-petitioners.
The result is that their application for bail stands rejected.. However, the learned Sessions Judge is - directed to conclude trial as early as possible, because the complete challan of the case has been put in his Court.