2005 P Cr (PLP)

KHAWAJA MUHAMMAD SHARIF, J.

This judgment will dispose of Criminal Appeal No.238 of 2000 filed by Muhammad Iqbal appellant, Criminal Appeal No.357 of 2000 filed by Kaleem Ullah appellant, and Criminal Appeal No.359 of 2000 filed by Muhammad Nawaz appellant, who were convicted and sentenced by the learned Additional Sessions Judge, Sialkot vide his judgment, dated 28-2-2000 as under:

Muhammad Iqbal and Kaleem Ullah appellants under section 302(b)/34, P.P.C. Death on three counts with the further direction to pay Rs.70,000 as compensation each on each count to the legal heirs of Habib Ullah, Farmesh Ali, and Muhammad Arif deceased or in default six months' R.I. on each count. Muhammad Nawaz appellant, under section 302(b)/34, P.P.C. Imprisonment for life on three counts with the further direction to pay Rs.50,000 on each count to the legal heirs of Habib Ullah, Muhammad Arif and Farmesh Ali deceased or in default six months' R.I. on each count with the benefit of section 382-B, Cr.P.C. Murder Reference No.124 of 2000 for confirmation of death sentence of Muhammad Iqbal and Kaleem Ullah appellants or otherwise and Criminal Appeal No.305 of 2000 filed by Muhammad Hafeez appellant against the acquittal of Shahid alias Nana and Shah Jehan respondents shall also be disposed of through this single judgment.

2. Briefly stated the facts of the case as narrated by Hafeez Ahmad complainant are that on 16-1-1998 at about 5-00 a.m. complainant's brother Habib Ullah went to his Haveli for milking. Complainant also followed him. As Habib Ullah entered his Haveli, Akbar alias Kaka armed with pump action, Shahid alias Nana armed with .30 bore pistol, Shah Jehan alias Shahid armed with .30 bore pistol, Muhammad Iqbal armed with Toka, Kaleem Ullah armed with .12 bore gun, Ehsan Ullah armed with Toka, Nawaz armed with Sota, Mubasher Ahmad empty-handed, Rasheed Ahmad empty-handed, Aman Ullah empty-handed and Hidayat Ullah empty-handed, who were present in the street in furtherance of their common intention entered the Haveli. Rasheed Ahmad and Aman Ullah raised Lalkara that Habib Ullah be killed for not allowing to construct waste water drain. On hearing this Lalkara Muhammad Akbar P.W., Mushtaq Ahmad P.W. and complainant also reached at the spot. In their presence Akbar alias Kaka (P.O.) fired with his pump action gun, which landed on the left side of chest of Habib Ullah, who fell down after receiving fire-arm injury. The assailants while raising Lalkaras and firing came out of the Haveli. Mubasher and Hidayat Ullah accused raised Lalkara that Muhammad Arif and Farmesh Ali, who were also coming from their Deras be also killed. Muhammad Arif and Farmesh Ali were at a distance of 30/35 yards from the Haveli of Habib Ullah on a thoroughfare, when accused also attacked upon them. Akbar alias Kaka fired with his pump action gun, which landed on the right elbow of forearm of Farmesh Ali. Shahid alias Nana fired with his .30 bore pistol, which hit on the chin of Muhammad Arif. Shah Jehan also fired with his .30 bore pistol, which landed on the left flank of Muhammad Arif, Muhammad Iqbal inflicted Toka blow to Farmesh Ali on the right side of his head. Kaleem Ullah fired with his .12 bore gun, which landed on the right side of abdomen of Muhammad Arif. Muhammad Nawaz inflicted Sota blow to Muhammad Arif on his left eye. Both injured after receiving injuries fell down on the ground and the accused also inflicted injuries later on, when they were lying on the ground. Muhammad Arif and Farmesh All succumbed to the injuries.

3. After registration of the formal F.I.R., the investigation of the case was taken over by Mehmood Ahmad, S.-I. P.W.12, who went to the spot, prepared injury statements of three dead bodies i.e. Exh.P.J./4 of Arif deceased, Exh.P.K./4 of Farmesh Ali and Exh.P.L./4 of Habib Ullah and also prepared inquest report Exh.P.S. of Habib Ullah, Exh.P.T. of Farmesh Ali and Exh.P.U. of Muhammad Arif, took into possession blood-stained earth of Habib Ullah deceased vide memo. Exh.P.D., Farmesh All vide memo. Exh.P.E. and Muhammad Arif vide memo. Exh.P.F., took into possession car P.17 vide memo. Exh.P.H., took into possession empty cartridges P.16/1 to 5 vide memo. Exh.P.G:, recorded the statements of P.Ws. under section 161, Cr.P.C., thereafter, except Kaleem Ullah accused arrested all the accused. Muhammad