1. Khalid Aziz son of Muhammad Sharif and Muhammad Rafique son of Muhammad Sharif, Caste Awan, resident of Kahoot Kallar Kahar, District, Chakwal, the appellants having involved in case F.I.R. No.138-2009, dated 28.05.2009, offence under Sections 302, 324, 148, 149 P.P.C., registered at Police Station, Kallar Kahar, District, Chakwal and were tried Raja Pervez Akhtar, learned Additional Sessions Judge, Chakwal. The learned trial court seized with the matter in terms of judgment dated 24.05.2012 while convicting the accused, Muhammad Rafique under Section 302 (b) P.P.C., and sentenced to death as Tazir with the direction to pay Rs.2,00,000/-as compensation to the legal heirs of the deceased, Amanat Hussain failing which, further undergo six months S.I. The accused, Khalid Aziz was convicted under Section 302(b) P.P.C., and sentenced to imprisonment for life as Tazir with the direction to pay Rs.2,00,000/- as compensation to the legal heirs of deceased, Altaf Hussain and in case of default, further undergo six months S.I. The accused, Khalid Aziz was also convicted under Section 324 P.P.C., and sentenced to ten years R.I. with the direction to pay Rs.50,000/-as fine and in default whereof, further undergo three months S.I. Further convicted the accused, Khalid Aziz under Section 337-A(ii) P.P.C., and sentenced to five years R.I., with the direction to pay Arsh amounting to Rs.50,000/- and will be detained in the jail till the payment of amount of Arsh. The benefit of Section 382 (b) Cr.P.C., was also extended in favour of the appellant-Khalid Aziz. The co-accused namely Dost Muhammad, Muhammad Latif and Amjad Hussain were declared proclaimed offenders.
2. Being aggrieved by the judgment of the learned trial court, Khalid Aziz and Muhammad Rafique-the appellants impugned the same through filing Crl. Appeal No.246 of 2012 whereas the learned trial court has forwarded Murder Reference No.57 of 2012 for confirmation of death sentence inflicted upon the convict, Muhammad Rafique. The complainant being dis-satisfied with the judgment dated 24.05.2012, filed a Criminal Appeal No.409-2012 for awarding the sentence to the appellants on each count whereas through the Crl. Revision No.223-2012, the complainant has prayed for enhancement of sentence of the respondent/accused, Khalid Aziz from life to death. As all the matters are arising out of one and the same case judgment, therefore, they are being disposed of through a single judgment.
3. The prosecution story as alleged in the F.I.R (Exh.P.G/1) lodged on the complaint (Exh.PG) of Izzat Baig (PW-12)/complainant is that the complainant (PW-12) was resident of village Kahut and a cultivator by profession and on the fateful day, the complainant (PW-12) along with his brothers, Altaf Hussain, Azad Hussain sons of Aurangzaib along with Amanat Hussain son of Gul Baig, Atif Ashfaq son of Ashfaq Hussain, resident of same village, were going to Jhamra in connection with their domestic affair and when they reached near the Kahut graveyard at 08:30 a.m. the accused Dost Muhammad, Muhammad Latif, Muhammad Iqbal sons of Ahmad Khan, Muhammad Rafique, Khalid Aziz, Muhammad Shafique sons of Muhammad Sharif, Tajammal Hussain, Tasaddaq Hussain sons of Aalam Sher, Amjad Hussain, Tariq Hussain sons of Resham Khan, Sadam Hussain son of Dost Muhammad, Adeel Iqbal son of Muhammad Iqbal while equipped with rifles whereas the accused, Muhammad Islam, Muhammad Gulistan son of Muhammad Sultan equipped with gun 12-bore, all by Caste Awan, resident of village Kahut whereas Manzoor Hussain, Maqbool Hussain, Matloob Hussain sons of Mian Khan, all by Caste Awan, resident of Jhamra equipped with their rifles were sitting beside the wall of the graveyard and appeared suddenly while accused, Muhammad Rafique raised a lalkara that a lesson will be taught to them for not allowing to pass the tractor from the land, whereupon all the accused persons started firing. The accused, Muhammad Rafique fired which hit on the chest of Amanat Hussain whereas the accused, Khalid Aziz fired which landed on the left flank of Altaf Hussain. The accused, Dost Muhammad fired which hit on the head of Altaf Hussain whereas the accused, Muhammad Latif fired which hit on the inner side of left thigh of Altaf Hussain. The accused, Iqbal fired which landed on the right thigh of Altaf Hussain, The accused, Manzoor Hussain fired which hit Altaf Hussain on his right deltoid region whereas the accused, Islam fired with his 12-bore gun which hit Altaf Hussain on left knee and pallets hit on the right ear.
The accused, Muhammad Latif fired which hit Azad Hussain on the right side of head while the fire of accused, Amjad Hussain was hit to Atif Ashfaq on his genital region on front where the accused, Tariq Hussain fired which hit Atif Ashfaq on the right thigh, who fell down on receiving the injuries. On report of fire shots, Muhammad Rameez Hussain son of Altaf Hussain, Abid Hussain son of Gul Baig were attracted to the place of occurrence and witnessed that the accused, Tajammal Hussain fired which hit Muhammad Rameez Hussain on the right side of his head whereas the accused, Sadam Hussain fired which hit on the back side of left ear of Muhammad Rameez Hussain. Thereafter the accused, Matloob Hussain fired which landed on the calf of right leg of Muhammad Rameez Hussain whereas the fire of accused, Tasaddaq Hussain was landed on the left thigh of Muhammad Rameez Hussain. The accused, Adeel Iqbal made a fire shot which hit Muhammad Rameez Hussain on his left thigh while the accused, Muhammad Islam fired which hit Abid Hussain on the back side of his head. The accused, Muhammad Gulistan made a fire shot and pallets were landed on the head of Abid Hussain whereas the accused, Khalid Aziz fired which hit Abid Hussain on the left side of his head, who after sustaining the injuries, fell down. In the meantime, Sajjad Hussain son of Karam Daad, Nau Bahar Hussain son of Aurangzaib reached at the spot and witnessed the occurrence whereas the accused persons rushed towards their houses and when the accused were on their way, Faheem Matloob son of Matloob Hussain was present there whereas the accused, Muhammad Latif and Dost Muhammad made single fire each on Faheem Matloob and injured him. The accused persons made aerial firing and as a result whereof, their companion, Muhammad Rafique son of Muhammad Sharif was also injured. Thereafter the complainant (PW-12) took the injured to R.H.C., Bochal Kalan but Altaf Hussain, Amanat Hussain and Azad Hussain succumbed to the injuries whereas on the way, from R.H.C., Bochal Kalan to District Headquarter Hospital, Chakwal, the injured Aatif Ishfaq also succumbed to the injuries.
4. The motive behind the alleged occurrence was that two days prior to the occurrence, accused, Muhammad Latif was forbidden by the complainant’s brother Naubahar from passing the tractor through the crop of “bajra/jawar” over which hot words were exchanged and due to that grudge, alleged occurrence took place.
Further information regarding suppression of true facts by prosecution can be solicited from AUJ LAWYERS. Feel free to contact us in case you need any clarification and/or require legal assistance regarding similar matters.