2006 PLP 77 (YLR)

SH. JAVAID SARFRAZ, J.

The brief facts leading to the filing of the present criminal revision petition are that a case bearing F.I.R. No.191 of 2004, dated 8-8-2004, under section 302/34, P.P.C. has been registered against the present petitioners at Police Station, Kacha Khoh, District Khanewal, at the instance of complainant Muhammad Ilyas Shah.

2. The facts as narrated in the F.I.R., are that the complainant is a resident of Chak No.38/10-R, Tehsil and District Khanewal and his real brother Ali Nawaz and cousin Karam Hussain Amjad were married about 12 years earlier with the daughter of Khadim Hussain, in Chak No.22/10-R; that a day before the occurrence, he went to see his brother and after having dinner he slept in the courtyard whereas Ali Nawaz, Karam Hussain Amjad along with Muzaffar Ali alias Tipo son of his cousin and Mst. Saeed Fatima wife of Ali Nawaz slept in room; that at about 3-00 a.m. he heard a fire-arm shot in the room of his brother, therefore, he rushed to that room and switched on electric light and saw his brother Ali Nawaz and cousin Karam Hussain Amjad lying in pool of blood on the floor. On raising hue and cry, Mureed Hussain Shah and Tassadaq Shah reached there and they also saw the same. Karam Hussain Shah succumbed to the injuries. In the F.I.R., it was mentioned that some unknown persons had committed the murder. The petitioners were subsequently challaned in this case.

3. During, the trial, the petitioners moved an application for obtaining the copies of the statements of P.Ws., which was disposed of by the learned trial Court vide order dated 12-3-2005. In the order the learned trial Court allowed the defence to get the statements of these persons mentioned in the said application at Serial Nos. 1 to 4, 12 and 13 while the other statements mentioned in the petition were refused. Against this order, the petitioners have filed the instant petition, which is being disposed of.

4. The details of the statements being sought by the present petitioners are given in the application moved before the learned trial Court, which has been annexed as Annexure-B of this petition. At the very outset the learned counsel for the petitioners submitted that he does not press this petition to the extent of progress report written by Abdul Sattar, A.S.-I., Police Station, Kacha Khoh, dated 17-8-2004.

5. Learned counsel for the petitioners, in support of his petition, has stated that the defence is entitled to get all the statements, which has been recorded during the investigation whether they were in favour of the prosecution or in favour of the defence. Also submitted that the statements so recorded by the Investigating Officer of the accused can also be obtained as a matter of right. In support of his arguments, learned counsel has referred to a Full Bench judgment of this Court Muhammad Riaz and another v. The State PLD 2003 Lahore 290; Nasrullah v. The State 1980 PCr.LJ 5; Muhammad Aslam v. The State PLD 1995 Lahore 632 and Liaqat Ali and another v. The State 1998 PCr.LJ

216. The learned counsel also referred to another unreported judgment of this Court passed in Criminal Revision No.432 of 2005 titled "Dost Muhammad v. The Additional Sessions Judge, Okara and another", in which this Court remanded the matter to the learned trial Court to decide the issue in light of judgment of a Full Bench of this Court in the case of Muhammad Riaz and another v. The State (supra).

6. Learned counsel for the complainant and learned State counsel have opposed the petition.

7. The petitioners seek copies of statements, which have been recorded by the Investigating Officer and have been made in favour of the accused. The version of accused so recorded by the Investigating Officer is also being sought.

8. The legal points involved in this petition have been elaborately dealt with by a Full Bench of this Court in the case of Muhammad Riaz and another v. The State (supra), in which the matter has been examined in the light of various provisions of Qanun-e-Shahadat, 1984 and Code of Criminal Procedure, 1898, and also the Constitution of Islamic Republic of Pakistan, 1973. The matter in hand is, therefore, remanded to the learned trial Court who shall examine the application moved by the petitioners (annexure-B of this petition) in the light of Full Bench judgment in the case of Muhammad Riaz and another v. The State (supra), which has been relied upon by the learned counsel for the petitioners and accordingly, if the petitioners have not been provided copies of the statements which they are entitled to get, the same shall be provided to them.

9. In the light of what has been stated above, the criminal revision petition is disposed of with the directions made above. N.H.Q./G-169/L????????????????????????????????????????????????????????????????????? Order accordingly.