Credibility of Prosecution Evidence

Credibility of Prosecution Evidence Case Laws Complaint Case Criminal Appeal Criminal Law Delay in FIR Improvements Knowledge - Criminal Law Lahore High Court Litigation & Arbitration Murder Solutions - Criminal Law Ms. Justice Aalia Neelum in her judgment has decided the murder reference and examined the credibility of prosecution evidence, which was disbelieved against most accused persons in Criminal Appeal No. 470 of 2010.

1. Faiz Ahmed son of Muhammad Ismail, Caste Chohan, resident of Chak No.22/SP Police Station Chak Baidee, Tehsil & District Pakpattan (appellant) through this appeal has assailed his conviction and sentence recorded by the learned trial court vide judgment dated 16.02.2010 in complaint case titled “Maqsood Ahmad v. Ali Sher etc” along with State case bearing F.I.R. No.502/06, dated 30.10.2006, offence under Sections 302, 148, 149 P.P.C., registered at Police Station Chak Baidi, District Pakpattan Sharif, whereby the appellant was convicted under section 302 (b) PPC for committing „Qatl-i-Amd‟ of Allah Jawaya deceased and sentenced to death. The appellant was further directed to pay Rs.1,00,000/- as compensation to the legal heirs of the deceased in terms of Section 544-A Cr.P.C and in case of default thereof, to further undergo SI for six months.

2. The learned trial court has forwarded Murder Reference No.307 of 2011 for confirmation of death sentence inflicted upon Faiz Ahmed/convict in terms of Section 374 of Cr.P.C. As both the matters are arising out of one and the same judgment of the learned trial court, therefore, these are being disposed of through consolidated judgment.

3. The prosecution story as contained in the private complaint (Ex.PA/1) filed by Maqsood Ahmad (PW-1) is that Ahmad Hassan co-accused (since acquitted) is the son of Faiz Ahmad-appellant, whereas Haq Nawaz accused (since acquitted) is the son of Din Muhammad and Ali Sher (PO) is the relative of Faiz Ahmad. Bashir Ahmad (since acquitted) and Muhammad Sadiq accused (since acquitted) are the friends of Faiz Ahmad and other accused persons. Ahmad Hassan (since acquitted) is husband of Allah Muafi, the daughter of Din Muhammad accused and Mst. Azizan Bibi is daughter of the appellant-Faiz Ahmad. Mst. Azizan Bibi was married to Haq Nawaz-accused by way of exchange marriage and due to family dispute both were living in the house of their parents. For effecting reconciliation, Din Muhammad-accused (since acquitted) met with the complainant on 29.10.2006 and disclosed that a “Panchyat” had to take place at the Dera of Quresh Sumra and he asked him that he should go in the „Panchyat’ for reconciliation. Din Muhammad also disclosed the complainant that he had already asked Muzaffar Hussain, Muhammad Latif, Muhammad Siddique, Rehmat Ali and brother of the complainant namely Allah Jawaya to come at the Dera of Quresh Sumra. On 29.10.2006, the complainant (PW-1), his brother Allah Jawaya (deceased), Muhammad Saddique (deceased), Muhammad Latif (PW-2), Muzaffar Hussain Javed and Rehmat Ali (given up PWs) left the Chak No.3/SP by way of Taxi car No.5560/LRD for attending the Panchyat at the place pointed out by Din Muhammad (since acquitted) and when they reached near the land of Ijaz Ahmad Advocate at 6.00 p.m, all of sudden Faiz Ahmad-appellant along with Ali Sher and Muhammad Sadiq while armed with 12-bore guns, Ahmad Hassan accused armed with rifle, Haq Nawaz, Din Muhammad accused and three unknown accused persons emerged from the nearby cotton crop. Later on, Din Muhammad raised Lalkara that they pulled them from the car and killed them. Faiz Ahmad-appellant fired with 12-bore gun on Allah Jawaya deceased, which hit him on left side of head near the ear. The rest of the accused also fired upon them. Ali Sher accused fired with 12-bore gun on Siddique, which hit him on left side of neck near clavicle bone. To save their lives, the complainant (PW-1) Muzaffar Hussain Javed (given up PW), and Muhammad Latif (PW-2) witnesses rushed towards the nearby crop of Jawar, whereas the accused Bashir Ahmad and Muhammad Sadiq forcibly pulled out Rehmat Ali out of the car and with rifle and gun caused injuries to him. On the hue and cry, the accused persons slipped away from the place of occurrence by making aerial firing. The complainant and others gave support to Allah Jawaya and Muhammad Siddique deceased but they succumbed to injuries at the spot and the occurrence was witnessed by Muhammad Maqsood (complainant), Muhammad Latif (PW-2), Muzaffar Hussain Javed and Rehmat Ali PWs.

4. The motive behind the occurrence is that Din Muhammad accused was the tenant of the complainant and he had suspicion that his daughter namely Allah Muafi had illicit relations with Allah Jawaya-deceased and due to this Mst. Allah Muafi after quarreling with her husband-Ahmad Hassan was leading life in his house and Mst. Azizan Bibi, the daughter of Faiz Ahmad was also leading deserted life in the house of her parents. Apart from this, the lands of Allah Jawaya deceased and Muhammad Sadiq are adjacent to each other and due to dispute over water and hegemony, the quarrel took place oftenly and Allah Jawaya had insulted many times the accused-Muhammad Sadiq. For the said reason, all the accused persons in furtherance of their common intention caused murder of Allah Jawaya and Muhammad Siddique deceased and gave injuries to Rehmat Ali.

5. After the occurrence the complainant went to Police Station to report the matter before whom he moved application (Ex.CW3/A) and after endorsing police karvai (Ex.CW3/B) the same was transmitted to Police Station for registration of formal F.I.R (Ex.CW3/B) and case FIR No.502/2006 was registered at Police Station Chak Baidi. The complainant (PW-1) has stated that he produced solid evidence to the police but Bashir Ahmad, SI and SHO, P.S Chak Baidi accepted bribe from the accused and declared the accused, namely Bashir Ahmad and Muhammad Sadiq as innocent dishonestly and the police tried to spoil his case so he filed the instant private complaint (Ex.PA/1) arising out of criminal case FIR No.502/2006, dated 30.10.2006, registered at Police Station Chak Baidi for the offense under sections 302/148/149 PPC.

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