ORDER This appeal has been preferred on behalf of the State against the judgment dated 01.03.2003 passed by the learned Anti-Terrorism Court-I, Gujranwala whereby respondents Nos. 1 to 9 were acquitted of the charges in case F.I.R. No. 167, dated 08.06.2002 registered at Police Station Subaerial, District Sialkot for offences under Sections 392, 324, 148, 149, 353, 186, 212, 337-L(2), PPC and Section 7 of the Anti-Terrorism Act, 1997.
2. Prosecution's case was that on 08.06.2002 Munawar Khan, AS1 of Police Station Motra accompanied by Ghulam Abbas, AS1 and other police officials was on patrol duty on his official vehicle at Jamkay Cheema when he received a secret information about the present of Shehzad alias Shehzadu accused in the house of Allah Ditta in village Choor Chak within the area of Police Station Subaerial. According to the FIR, Shehzad accused was wanted by Motra police in case F.I.R.
No. 169, dated 02.06.2002 registered under Sections 324, 353, 392, PPC. The police of. Subaerial was also associated with the raid. The raiding- party went to the dera of Allah Ditta and found the respondents/accused present there. The accused became furious and offered resistance and not only threatened to kill bit also assaulted and injured the members of the raiding- party including tile complainant. The uniform of the complainant was torn. His official revolver uniform, shoes, purse and wristwatch were snatched, In the meantime additional police force arrived at the spot.
3. After the completion of the investigation tile respondents/accused were challaned.
4. The accused pleaded not guilty to the charge and claimed trial. The prosecution examined as many as nine witnesses in order to bring home the charge against the accused. The accused in their statements under Section 342, Cr.P.C, denied the allegations. Allah Ditta accused pleaded that his cousin Sadiq Khan had long standing political rivalry with Maqsood Khan and had contested Local Bodies Election against him. He maintained that Maqsood Khan was closely related to Munawar Khan, AS1 who fabricated a false case against them. Ghulam Mustafa, Secretary Union Council Ali Mahar appeared as DW1 and produced a Copy of Resolution No. 3, dated 11.02.2002 as Exh.DB. Dr. Abdul Wahab, Medical Officer (DW2) had medically examined Idrees Khan and Allah Ditta (accused) on 11.06.2002. He testified his reports (Exh.DC & Exh.DD), According to these reports, 10 injuries were found on the person of Idrees Khan and nine injuries on the person of Allah Ditta.
The learned Trial Court after taking into consideration the entire material brought on the record came to the conclusion that the prosecution had failed to establish ifs case against the respondents/accused beyond reasonable doubt. Accordingly the respondents/accused were acquitted vide judgment dated 01.03.2003. Hence, this appeal.
5. We. Have heard the- learned counsel for the parties and have gone through the record with their assistance. Leamed counsel appearing on behalf of the State contended that sufficient incriminatory evidence was available on the record establishing guilt of respondents Nos. 1 to 9, therefore, the learned Trial Court was not justified in acquitting the respondents. As against that the learned counsel for the respondents has maintained that the prosecution had failed to prove its case against the respondent beyond reasonable doubt and, this, the learned Trial Court was quite justified in acquitting them of the charge.
6. Munawar Khan, AS1 (PW6) admitted in his cross-examination that he was not the investigating officer of case, F.I.R. No. 169 of 2002 registered at Police Station Motra and that the said case was being investigated by Hameed Ullah, SI/SHO. He further admitted that the accused were not nominated in the F.I.R, of the said case and that Shehzad alias Shehzadi -was not proclaimed offender and his perpetual warrant of arrest had not been issued in that case. He could not tell even the names of other nominated accused in the said case, In view of these admissions it can be said that he was least concerned with the arrest of Shehzad accused as he was neither named in the F.I.R, nor wanted by the police as a proclaimed offender. It is evident from the Medico-Legal Reports (Exh. D & Exh.DD) that Idrees Khan and Allah Ditta accused had also sustained injuries on their persons and were got examined by the police but these injuries have been suppressed by the prosecution. We have also noticed that in the opinion or the doctor the injuries found on the persons of Munawar Khan (PW6) and Safdar Khan (PW7) could be caused by friendly, hand.
7. In view of the above, the conclusion arrived at by the learned Trial Court has been found by us to be such that any reasonable Court could have arrived at the same upon a fair assessment of the evidence available on the record, In these circumstances we have found no occasion for interference with the impugned judgment of acquittal passed by the learned Trial Court in-respect of respondents Nos. 1 to 9. This appeal tails and is hereby dismissed.