Relationship of a Witness and Veracity of his Statement

Relationship of a Witness and Veracity of his Statement Benefit of doubt Case Laws Criminal Appeal Criminal Law Interested Witness Ipse Dixit - Police Knowledge - Criminal Law Lahore High Court Life Imprisonment Litigation & Arbitration Murder Solutions - Criminal Law Ms. Justice Aalia Neelum in her judgment has decided the murder reference and elaborated relationship of a witness and veracity of his statement in Criminal Appeal No. 2094 of 2011.

1. Tanvir Ahmad son of Lal Khan, Caste Gujjar, resident of Dhola, Tehsil Kharian, District, Gujrat, the appellant along with Muhammad Khan (since acquitted), Safdar ssain alias Zaman (since acquitted), Sagheer Hussain alias Lattu, (since acquitted) and Irfan (since P.O) having involved in private complaint (complaint case No.24 of 2011), under Sections 302, 324, 148, 149 P.P.C, Police Station Saddar, Kharian and were tried by Malik Ali Zulqarnain Awan, Additional Sessions Judge, Kharian. -The learned trial court seized with the matter in terms of judgment dated 15.12.2011 convicted Tanvir Ahmad son of Lal Khan (the appellant) under Section 302(b) P.P.C. and sentenced to death with the direction to pay Rs.3,00,000/- as compensation to the legal heirs of deceased, Ghulam Abbas and in default thereof, to further undergo six months Simple Imprisonment.

2. Feeling aggrieved by the judgment of the learned trial court, Tanvir Ahmad, appellant has assailed his conviction by filing Criminal Appeal No.2094 of 2011. The learned trial Court forwarded Murder Reference No.19-2012 for the confirmation of death sentence inflicted upon the convict, Tanvir Ahmad (the appellant).

3. Tersely the facts as narrated in the private complaint (Exh.PD) filed by Adalat Khan (PW-6)/the complainant are that on 09.10.2005 at about 05:00 p.m. (evening), he (complainant) along with Muhammad Aslam son of Niaz Ali and Ehsan son of Sardar Khan, resident of Mauza Dhola, Tehsil Kharian, District Gujrat were present in the house of Ghulam Abbas (since died), brother of the complainant and in the meantime, Tanvir Ahmad (the appellant) arrived there and told that he was accompanying some guests who were present outside in the car and they had to visit the village Jaura along with Ghulam Abbas (since died) in connection with some work, whereupon Ghulam Abbas (since died) came out of his house and when he (Ghulam Abbas since died) reached near the car, the accused, Irfan and Tanvir Ahmad brought out 30-bore pistols from their folds and made straight fires at Ghulam Abbas (since died). The accused, Tanvir made first shot which landed near the right eye of Ghulam Abbas (since died) whereas the accused, Irfan made second shot which passed over the head of Ghulam Abbas (since died). Thereafter the accused sitting in the car namely Muhammad Khan son of Bahadar Khan, Caste Gujjar, resident of Dhola, Safdar Hussain alias Zaman son of Mehndi Khan, Caste Gujjar, resident of Ali Chak and Saghir Hussain alias Lattu came out of the car and made straight firing on the complainant party, who saved their lives by entering into the house whereas the accused persons decamped from the spot while sitting in the car and Ghulam Abbas (since died) succumbed to the injuries at the spot. The motive behind the occurrence was a conflict over local bodies election.

4. After the alleged occurrence, the complainant (PW-6) rushed towards the police station for reporting the occurrence and he (PW-6) met with Muhammad Aslam, S.I. (PW-9), who along with Aziz Ahmad 640/C, Muhammad Arshad 243/C and Muhammad Arshad 758/C were on patrolling at Bernali and the complainant (PW-6) produced complaint (Ex.PC) to him (PW-9) whereas (PW-9) after completion of police karwai, sent the complaint (Ex.PC) to the police station through Muhammad Arshad 243/C for registration of formal F.I.R.

5. On receipt of the complaint (Ex.PC), formal F.I.R. (Ex.PC/1) was chalked out by Ehsan Ullah, A.S.I. (PW-8). Thereafter the Investigating Officer (PW-9) reached at the spot and prepared inquest report Ex.PE, injury statement Ex.PF, drafted an application for postmortem examination of the deceased as Ex.PG and handed over the dead body of the deceased, Ghulam Abbas along with other police papers to Aziz Ahmad 640/C (PW-11), who escorted the dead body to the mortuary of Tehsil Headquarter Hospital, Kharian for postmortem examination. Thereafter the Investigating Officer (PW-9) prepared rough site plan of the place of occurrence Ex.PH, took into possession blood-stained earth vide recovery memo Ex.PA and recorded the statements of prosecution witnesses under Section 161 of Cr.P.C. Aziz Ahmad 640/C (PW-11) handed over last worn clothes of the deceased to the Investigating Officer (PW-9), who took the same into possession vide recovery memo Ex.PJ. On 12.10.2005, Akhter Naqash, Draftsman inspected the place of occurrence and prepared scaled site plan Ex.PK and Ex.PK/1. On 29.10.2005, he (PW-9) submitted an application Ex.PL for obtaining the non-bailable warrants of arrest of accused Irfan and Tanvir Ahmad whereas proclamation was obtained by him (PW-9) through an application Ex.PM. Thereafter the investigation of this case was entrusted to Zafar Iqbal, S.I. (CW-1), who arrested the accused, Tanvir Ahmad on 27.12.2010.

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