Unrebutted Ocular Account and Medical Evidence

Unrebutted Ocular Account and Medical Evidence Case Laws Criminal Law Death Penalty Confirmation Double Presumption of Innocence Evidence Knowledge - Criminal Law Lahore High Court Litigation & Arbitration Medical Evidence Motive Murder Solutions - Criminal Law Ms. Justice Aalia Neelam in her judgment has decided the murder reference wherein unrebutted ocular account and medical evidence leaves no room of doubt in Criminal Appeal No. 540 of 2012.

1. The appellants, namely, Muhammad Arshad alias Tundda son of Muhammad Rafique and Ameer Ali alias Meeru son of Mehmood Ahmad, both Jaat by caste, residents of Chak Maili Burji, Police Station Sadar Sangla Hill, District Nankana Sahib, have preferred appeals, who were involved in case F.I.R. No.277 dated 04.7.2009, offence under Section 302, 324, 337/U.D, 148, 149 P.P.C., registered at Police Station Sadar Sangla Hill, District Nankana Sahib and was tried by the learned Addl. Sessions Judge, Sangla Hill, District Nankana Sahib. The learned trial court seized with the matter in terms of judgment dated 17.03.2012 convicted the appellants as under:

Muhammad Arshad alias Bawoo Tundda, appellant (in Crl. Appeal No.540/2012)

Under Section 302 (b) P.P.C. read with section 34 P.P.C., and sentenced him to death. The appellant/convict was also burdened to pay Rs.1,00,000/- as compensation to the legal heirs of Shahid Maqbool, deceased as required under Section 544-A, Cr.P.C. and in case of default in payment thereof, to undergo S.I. for six months each.
Under section 324 read with section 34 PPC for causing injuries to Shakir Mehmood PW and sentenced to 10 years R.I. and also a fine of Rs.20,000/- and in case of default in payment thereof, to undergo S.I. for three months.

Ameer Ali alias Meeru, appellant (in Crl. Appeal No.628/2012)

Under Section 302 (b) P.P.C. read with section 34 P.P.C., and sentenced him to life imprisonment. He was also burdened to pay Rs.1,00,000/- as compensation to the legal heirs of Shahid Maqbool, deceased as required under Section 544-A, Cr.P.C. and in case of default in payment thereof, to undergo S.I. for six months each.
Under section 324 read with section 34 PPC for causing injuries to Shakir Mehmood PW and sentenced to 10 years R.I. and also a fine of Rs.20,000/- and in case of default in payment thereof, to undergo S.I. for three months.
Under Section 337-D P.P.C. for causing Jaifah to Shakir Hussain, injured/PW and shall be liable to pay Arsh which shall be 1/3rd of the Diyat and he was also punished with imprisonment for five years as Tazeer.

Ameer Ali alias Meeru, appellant was also liable to pay Arsh for causing Itlaf of teeths of Shakir Hussain, injured PW Under Section 337/U P.P.C. which shall be 1/10th of the Diyat. He is also liable to pay Arsh which shall be 10% of the Diyat for Shujjah Hashima Under Section 337/A(iii) PPC on the person of Shakir Hussain and sentenced to imprisonment for five years as Tazeer.

Ameer Ali alias Meeru, appellant was also convicted under section 337-F(i) PPC for causing Ghair Jaifa Damyah on the person of Shakir Hussain and he is liable to pay Daman of Rs.10,000/- and also punished with imprisonment for one year as Tazeer. All the sentences shall run concurrently. The appellants are also extended benefit of section 382-B Cr.P.C.

2. Feeling aggrieved by the judgment of the learned trial court, Muhammad Arshad alias Bawoo Tundda, appellant has assailed his conviction and sentence through Crl. Appeal No.540 of 2012 whereas the appellant, namely, Ameer Ali alias Meeru has challenged his conviction and sentence by filing Crl. Appeal No.628 of 2012.

3. Apart from, the complainant has filed PSLA No.140/2012 challenging the acquittal of respondents No.1 to 5 passed by the learned trial court with the prayer to set aside the judgment dated 17.3.2012 to the extent of respondents No.1 to 5 and they be also convicted and sentenced in accordance with law.

4. The learned trial court has forwarded Murder Reference No.232 of 2012 for confirmation of death sentence inflicted upon Muhammad Arshad alias Bawoo Taundda/convict in terms of Section 374 of Cr.P.C. As all 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.

5. Prosecution story, as portrayed in the F.I.R. (Exh.PA) lodged on the complaint (Exh.PB) of Ali Sher, complainant/(PW-1) is that on 04.07.09, he along with Iftikhar Ali, Abdul Wahid, Shahid Maqbool and Shakar Hussain were returning from Mandi Safdarabad to their village by two motorcycles. Shahid Maqbool and Shakar Hussain were boarded on motorcycle No.2743-LEM whereas on the other motorcycle bearing registration No.4157-LEZ the complainant, Abdul Wahid and Iftikhar Ali were following them. At about 6:00 p.m. when they entered from canal side in the village, Arshad Ali alias Bawoo Tundda etc while armed were sitting in front of their house. On seeing Shahid Maqbool and Shakir Hussain, Arshad Ali alias Bawoo Tundda armed with Kalashnikov, Ameer Ali alias Meeru armed with Kalashnikov, Faisal Mehmood armed with 8 mm, Javed Iqbal armed with repeater 12-bore, Abdul Waheed armed with pistol 30-bore and Khawar Abbas armed with rifle 44-bore started firing with their respective weapons upon Shahid Maqbool and Shakar Hussain. They stopped their motorcycle and found that Master Muhammad Rafique raised Lalkara that today Shahid Maqbool etc be not spared alive and they be taught a lesson for the murder of his son, Zulfiqar. In the meantime, Arshad Ali alias Bawoo Tundda made a burst fire with his Kalashnikov at Shahid Maqbool whereas Ameer Ali alias Meeru made a burst fire with his Kalashnikov which hit Shakar Hussain. Both of them fell down from the motorcycle in injured condition. Thereafter, all the accused made firing hitting Shahid Maqbool and Shakar Hussain with their respective weapons. On hearing hue and cry, many persons came there whereas the accused persons fled away while firing and raising lalkaras. Shahid Maqbool succumbed to the injuries at the spot whereas Shakar Hussain sustained serious injuries and he was shifted to Allied Hospital, Faisalabad for medical treatment.

The motive behind the occurrence was old blood fuel between the parties but compromise has been effected. The accused persons despite reconciliation nursed a grudge and committed the murder of Shahid Maqbool and caused injuries to Shakar Hussain.

6. After registration of the case, the police conducted usual investigation. Initially, Abdul Khaliq, SI/Investigating Officer (CW-7) conducted the investigation. He (CW-7) stated that on 4.7.2009 after receiving the information about the occurrence, he (CW-7) reached at the place of occurrence and recorded the statement (Ex.PA) of Ali Sher, complainant and sent the same for formal registration of the F.I.R. (Ex.PA) through Ghulam Mustafa 699/C to the police station. He (CW-7) prepared the inquest report (Ex.CW-7/B) and injury statement (Ex.CW-7/C). He (CW-7) also drafted application (Ex.CW-7/D) for conducting post mortem examination and handed- over the dead body of the deceased through Ahmad Ali 112/C and Matloob Aftab 726/C to the hospital for post mortem.

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