Mr. Justice Farrukh Gulzar Awan in his judgment has decided the issue regarding conviction and statutory right of accused to have all statements of witnesses under section 161 and 164 Cr.P.C. in Criminal Appeal No. 782 of 2011.
1. This single judgment shall dispose of the above captioned criminal appeals, earlier one filed by appellant Muhammad Tariq and the later by appellant Muhammad Imran, who were tried for the murder of Shahid Iqbal (deceased) and were convicted vide judgment dated 13.11.2010 passed by the learned Additional Sessions Judge, Kabirwala in case FIR No.27 dated 10.2.2009, under Sections 302/324/ 337-A(i)/337-F(i)/148/149 of The Pakistan Penal Code (Act XLV of 1860), registered at Police Station, Haveli Koranga.
Muhammad Tariq, the appellant was sentenced as under:
Under Section 302(b) PPC
Death and to pay the compensation of Rs.100,000/- to the legal heirs of Muhammad Shahid Iqbal deceased recoverable as land revenue.
Muhammad Imran, the appellant was sentenced as under:
Under Section 324 PPC
Rigorous imprisonment for 10-years.
Under Section 337-A PPC
Imprisonment for 2-years as Taazir and to pay the fine of Rs.50,000/-, which shall be paid to Talib Hussain injured/PW-11 recoverable as land revenue.
All the aforesaid sentences of Muhammad Imran were ordered to run concurrently.
2. Murder Reference No.220 of 2010 seeking confirmation or otherwise of death sentence of Muhammad Tariq shall also be decided through this single judgment.
3. Prosecution’s case is based upon the crime report (Ex.PM) registered on the complaint Ex.PL of Rab Nawaz (PW-9) made on 10.2.2009 with the assertion that he went to see Shahid Iqbal, his son-in-law (Damad) at Chak No.9, Khagah. On the fateful day i.e. 10.2.2009 at about 8/9:00 a.m. he along with Shahid Iqbal went to the sugar-cane crops of Muhammad Sharif Arain where different persons were cutting upper parts of the sugar-cane including Muhammad Arif, who earlier had a quarrel with Imran, Irfan and Mazhar wherein Muhammad Arif received simple injuries. When the complainant along with Shahid Iqbal, Muhammad Arif and Talib Hussain was present at a plain piece of land near brick-kiln at 11:00 a.m., Muhammad Arif, Sajjad, Tariq Javed, Khan Muhammad, Sabir, Muhammad Yousaf and Muhammad Rafique, who were going towards sugar-cane crops, came there on foot. Suddenly, Muhammad Tariq armed with rifle 7-MM and Khalid came on a motorcycle from the side of sugar-cane crop. Muhammad Imran armed with pistol 12-bore, Irfan armed with Toki and Mazhar armed with Sota also came there from the same side. Muhammad Imran raised Lalkara to teach lesson to Muhammad Arif etc. for quarrelling in sugar-cane crop whereupon Muhammad Tariq made straight fire shots upon the complainant party which hit Shahid Iqbal on his both legs and knees and he fell down. Talib Hussain forwarded to save his son Shahid Iqbal whereupon Muhammad Imran fired with his pistol 12-bore which hit Talib Hussain on his right shoulder and he also fell down. On report of firing, people of the vicinity attracted to the spot whereupon all the accused persons fled away along with their respective weapons. Both the injured were shifted to Civil Hospital, Abdul Hakeem where Shahid Iqbal succumbed to the injuries.
Motive behind the occurrence, as stated above, was a quarrel between Muhammad Arif and Imran etc. at about 8/9:00 a.m.
4. Dr. Amjad Ali (PW-5) conducted post mortem examination on the dead body of Shahid Iqbal deceased on the same day and observed following injuries:
On External Examination
i) A small lacerated wound 0.8 cm x 0.5 cm at middle of popliteal fossa right leg, going upward and medially towards medial side of thigh. No burning or blackening are present. This is entry wound, the margins are inverted.
ii) Two Lacerated wounds, one above other with everted margins, each is 2 cm x 1 cm on medial aspect of right thigh, lower part, 8 cm from popliteal fossa. This is continuation of injury No.1 after probing. One wound is due to bullet, other due to bone pieces, which acted as bullet after striking of bullet and breaking of bone.
On Internal Examination
This injury lead to break femur and major blood vessels and sever hemorrhage. A piece of bullet recovered.
iii) A lacerated wound 0.8 cm x 0.5 cm x left thigh postero lateral border. Margins are inverted and wound is going inward and medially 8 cm from knee joint.
iv) A lacerated wound 3 cm x 1.5 cm x set on medial side of left thigh 10 cm from knee joint. It is oval in shape with averted margins. This is continuation of injury No.3 after probing. On opening this injury led to fracture of femur and also rupture of major blood vessels. This is exit wound.
Probable time between injuries and death was within six hours and between death and post mortem with three hours. Ex.PE is the post mortem report and Ex.PE/1 is the diagram showing seat of the injuries.
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