IJAZ AHMED CHAUDHRY, J.---Appellants Abdul Haq and Muhammad Waseem Naseem were tried by the learned Special Courts, Anti Terrorism in four separate FIRs bearing Nos. (1) 116/2001 dated 4- 3-2001 registered under sections 302, 324, 109, 337-F(ii), 337-C(iii), 148, 149, P.P.C. And sections 6/7 of the A.T.A., 1997, at Police Station. B-Division Sheikhupura, (2) 148/2001 registered under sections 302, 392 and 34, P.P.C. Read with sections 7(i) and 7(ii) of the A.T.A., 1997, at Police Station Sadar Sheikhupura, (3) 118/2001 registered under sections 302, 109, 148, 149, P.P.C. Read with section 7 of the A.T.A., 1997, at Police Station B-Division Sheikhupura, and (4) 117/2001 registered under sections 302, 109, 148, 149, P.P.C. Read with sections 6/7 of the A.T.A., 1997, at Police Station B-Division, Sheikhupura, for having committed murder of 12 persons. The learned Special Courts vide four separate judgments dated 11-9-2001 and 9-8-2001 convicted and sentenced the appellants as under:- Criminal Appeals Nos. 75 and 76 of 2005
(i) Under sections 302/149, P.P.C.:Death on 8 counts. The accused were also directed to pay an amount of Rs .1 ,000,000 (one million) as compensation to the legal heirs of the deceased under section 544-A, Cr.P.C.
(ii)Under sections 302/324, P.P.C.:R.I. for 10 years with a fine of Rs. 50,000, in default whereof to further undergo RI for six months.
(iii)Under section 337-F(ii) R.I for 3 years as Ta'zir. The accused were also directed to pay Rs,25,000 each as Daman to Mushtaq Ahmed, the injured P.W
(iv) Under section 337-F(iii) R.I. For 3 years as Ta'zir and also to pay a fine of Rs,25000 each as 'Daman' to Mushtaq Ahmed, the injured P.W.
(v) Under sections 148/149, P.P.C.R.I. For 3 years with a fine of Rs,50,000, in default whereof to further undergo RI for six months.
In Criminal Appeal No. 77 of 2005
(i) Under sections 302(b)/ 34, P.P.C. Death on two counts with a fine of Rs,200,000 each to be paid to the LRs of the deceased or in default whereof to under further undergo imprisonment for six months each.
(ii)Under sections 392/34, P.P.C. : RI for 10 years each with a fine of Rs,50,000 or in default whereof to further undergo RI for six months.
(iii)Under section 7(i)(a) read with section 6(a) of the A.T.A.Death on two counts.
(iv) Under section 7(ii) of the A.T.A. Death on two counts In Criminal Appeal No. 98 of 2006 (i)Under sections 302(b)/149, P.P.C.Death with a fine of Rs,100,000 each Under section 544-A, Cr.P.C. To be paid to the LRs of the deceased.
(ii)Under sections 148/149, P.P.C.RI for 3 years with a fine of Rs,50,000 each or in default whereof to further undergo RI for six months.
In Criminal Appeal No. 99 of 2006
(i) Under sections 302(b)/149, P.P.C.Death with a fine of Rs,100,000 each Under section 544-A, Cr.P.C. To be paid to the LRs of the deceased (ii)Under sections 148/149, P.P.C.RI for 3 years with a fine of Rs,50,000 each or in default whereof to further undergo RI for six months.
2. The aforesaid convictions and sentences recorded by the learned trial Courts vide separate judgments were affirmed by the learned High Court vide four separate impugned judgments.
However, in Criminal Appeals Nos. 75 and 76 of 2005 where the appellants were directed by the learned trial Court to pay the compensation to the tune of Rs, one million to the LRs of the deceased, the learned High Court has reduced the quantum of punishment to Rs,100,000 each in default whereof to further undergo SI for six months. In Criminal Appeal No, 98/2006 the learned High' Court while maintaining the other convictions and sentences recorded by the learned trial Court also convicted the appellants under section 7 of the A.T.A. And sentenced them to death on this count as well.
3. Consolidated facts of these cases are that on the fateful day and time i,e, on 4-3-2001 at 9-45 a.m. The complainant in Criminal Appeals Nos. 75 and 76 of 2005 along with others was present at Bagh-e-Fidak graveyard where a Shia Majlis was being held and within his view appellants along with others while armed with firearms riding on motorbike came there and started firing indiscriminately at the members of the Majlis. As a result, .8 persons lost their lives and one Mushtaq Ahmed P.W. Sustained injuries on his person. In Criminal Appeals Nos.98 and 99 of 2006, on the same day at 10-00 a.m. The complainants along with their brothers were present at their shops located at Ghallah Mandi, Sheikhupura, where suddenly the appellants along with other co accused while armed with firearms riding on motorbikes emerged and started firing towards them, as a result of which their brothers namely Zameer Hussain and Zulfiqar sustained serious injuries and died at the spot. At the same time a wireless message was received by the complainant in Criminal Appeal No 77/2005 that some terrorists carrying firearms while riding on motorbikes have created an atmosphere of terrorism and have killed several peoples and they are fleeing. On receipt of this information, the complainant who was a police official, along with others arranged a barricade on Chhapa Minara Road. In the meanwhile, four police officials namely Abdul Ghafoor, Ishtiaq Ahmed, Shaukat Ali and Baqar Raza passed from the said road while chasing the said accused. The complainant along with others also followed the terrorists, who while running from the spot also took away official rifle MP-5. The accused started firing at them as a result two police officials namely Abdul Ghafoor and Ishtiaq Ahmed, constables, received serious injuries and died.
In the meanwhile, people of the village also reached there and the appellants were apprehended by the police with the help of Tariq Mehmood and Allah Yar. A pistol .30 bore and official rifle MP-5 was also recovered from appellant Muhammad Waseem at the time of his arrest. A motorcycle red colour Yamaha bearing No, 3783-LXL was also took into possession by the Police. The prosecution examined as many as 20, 19, 15, 15 witnesses respectively in all these cases.
4. Learned counsel for the appellants inter alia contended that the appellants are innocent; that erroneously the matter was given a colour of sectarianism; that the real story has 'been concealed and a false one has been concocted; that the recoveries of the weapon of offence have not been proved at all; that the statements of witnesses do not inspire confidence; that the appellants in their statements on oath recorded under section 340(2), Cr.P.C. Have denied the occurrence; that as due to murder of several persons Army was called to maintain law and order situation, the Police had falsely involved the appellants in this case to crush forceful protest of the public; that the ocular testimony is not in line with the medical evidence; that the motorcycle allegedly recovered from the spot was neither deposited in the police station nor produced in Court and that the story narrated by the Police officials that how they chased the appellants and they fired towards them is repellent to common sense and does not appeal to a common prudent mind.
5. Learned Additional Prosecutor General, on the other hand, has contended that the appellants are involved in -heinous offence and the judgments of both the learned courts below are well reasoned; that the eye-witnesses of the cases remained consistent and they had no previous enmity with the appellants to falsely implicate them; that the ocular account has been fully supported by the medical evidence; that the appellants have killed as many as 12 persons and due to this act, Army had to be called in the city to maintain law and order situation; that all the evidence clearly established that the appellants have committed murder of persons and they do not deserve any leniency.
6. We have heard learned counsel for the appellants as also learned Additional Prosecutor General at length and have perused the evidence with care and caution.
7. There is a chain of events that happened on the fateful day, which led to registration of four separate FIRs referred above. All the occurrences are interlinked. Firstly, the appellants along with other co- accused killed 8 persons at the graveyard where a Shia Majlis was being held (Criminal Appeals Nos. 75 and 76 of 2005). Thereafter, they took the lives of two Shia persons at Ghallah Mandi, Sheikhupura (Criminal Appeals Nos. 98 and 99 of 2006). When the appellants were escaping, they were engaged in cross-firing with the police, who had set a A barricade to apprehend them. As a result two police officials also lost their lives. However, on chase, the appellants were apprehended by the police with the help of two villagers (Criminal Appeal No, 77 of 2005). It is a classic case of sectarianism.
8. In Criminal Appeals Nos. 75 and 76 of 2005, where 8 persons were killed at a graveyard, the ocular account was furnished by P.W.15 Qasim Ali, complainant, P.W.16 Syed Shafqat Mushtaq Hussain. P.W.17 Zaigham Abbas and P.W.18 Mushtaq Ahmed. The said P.W.18 Mushtaq Ahmed also received injuries during the occurrence. From the place of occurrence, the police had taken into possession 19 empties of Kalashnikov, 20 empties of rifle .222 bore and 15 empties of .30 bore pistol.
Both the appellants have been specifically named in the FIR, which was got registered after about 30 minutes of the occurrence. As such this is a case of promptly lodged FIR and the same excludes the chances of any deliberation or false implication. The eye-witnesses are natural witnesses as they were present at the spot to attend the Majlis. The eye-witnesses have narrated the story in a natural manner and they remained consistent on all major particulars of the case. It's a daylight occurrence and no question of mistaken identity arises. One of the eyewitnesses namely Musthaq Hussain P.W.18 had also received injuries and his brother namely Rehmat was one of the eight deceased. In these circumstances, it does not appeal to mind that the said P.W. Would have falsely implicated the appellants without any previous enmity and let off the real culprits. It is on record that the said witnesses had become unconscious after receiving the injury and it was after 3/4 days that he was able to record his statement. This fact also strengthens his testimony. Medical evidence also fully supports the ocular account so far as the nature and locale of injury. The weapon of offence recovered from the appellants and the empties which were taken into possession from the place of occurrence were sent to Forensic Science Laboratory and the report was positive.
9. In Criminal Appeals Nos. 98 and 99 of 2006, the appellants were also specifically named in the FIRs for committing murder of two persons at Ghallah Mandi. In Criminal Appeal No, 98/2006 the ocular account has been furnished by Mukhtar Hussain P.W.12 and Munir Ali P. W.13. In Criminal Appeal No, 99/2006 the ocular account has been furnished by Talib Hussain P.W.10, Nasir Hussain P.W.11 and Muhammad Ramzan P.W.12, The P.Ws. Clearly nominated the appellants in the cases.
Despite lengthy cross-examination, the witnesses remained consistent on all major particulars. They have specifically named the appellants as culprits in their statements and have also described their roles as well as the weapons which they were carrying at the time of occurrence. Nothing could be brought on record to prove that the witnesses had any previous enmity or to falsely implicate the appellants in the case. So far as the argument that the occurrence took place in the Bazar and nobody from the general public has appeared to make a statement is concerned, it is generally noted that the people in such like cases normally hesitate to appear and become a witness due to fear and reprisal. The medical evidence in these cases also fully corroborates the ocular account. In Criminal Appeal No, 98/2006, the Police had collected 20 empties of Kalashnikov, 5 empties of .30 bore pistol and three empties of rifle .222 bore, whereas in Criminal Appeal No,99/2006, the Police had collected 10 empties of Kalashnikov, 7 empties of .30 bore pistol and three empties of rifle .222 bore. On the same day a Kalashnikov along with two magazines was recovered from Abdul Haq appellant and a pistol .30 bore along with the rifle MP-5 (snatched from the police) were recovered from the appellant Muhammad Waseem. According to the report of Forensic Science Laboratory, the empties collected from the spot were found wedded with the weapons recovered from the accused.
10. In Criminal Appeal No, 77/2005 the occurrence took place at about 10-00 a.m. Whereas the FIR was registered at 11-00 a.m. Such a prompt FIR excludes the chances of any fabrication or consultation. The complainant i,e, Raiz Ahmed, ASI, has stated that on receipt of wireless message that some terrorists after committing murders in the city had gone towards Chhapa Minara, they had set a barricade. The appellants along with other co-accused while escaping started indiscriminate firing upon them. The police party also fired upon the accused and chased them. As a result of cross-firing, two police officials have lost their lives. The police finally apprehended the appellants with the weapons of offence. Their spot arrest along with weapons and other incriminating articles has furnished a solid proof of their guilt. Again here, no mala fide could be brought on record. Why all the people have unilaterally nominated the appellants in the case? The same clearly establishes that they were involved in the offence. In this case the ocular account was furnished by Riaz Ahmed P.W.15, Baqar Raza P.W.16 and Shaukat Ali P.W.17. They corroborated each other's statement on all material particulars of the case. The P.W. Were natural witnesses and they have specifically explained the reason for being at the spot. Their statements are sufficient enough.
As we have discussed earlier, The people from the locality generally do not make a statement as they avoid discomforting procedures of investigation and lengthy trial process. In this case also the medical report fully supports the ocular account.
11.. One of the arguments of learned counsel for the appellants was that the appellants had been falsely implicated in this case in order to calm down the people as there was tension in the city on account of this occurrence and the Army had also arrived. We have failed to understand as to why the appellants would be involved in a false case of this nature even if there was tension in the city.
It was the act of the appellants, which led to severe tension in the city and the Army had to be called. Learned counsel has contended that the appellant Abdul Haq was in-fact arrested from his house by CIA seven days prior to the occurrence in connection with the murder of Muhammad Ashraf Marth, SSP Gujranwala and that Senior Police Officers tortured him and forced him to confess the murder and on his refusal they involved him in this false case. However, this assertion cannot be believed because the appellants were apprehended by the Police party with the weapons of offence. Not only this, a number of eye-witnesses had seen them when they committed the murder of persons at the graveyard and Ghallah Mandi. It is only an argument to make lacuna in the prosecution story. Similarly, the contention of appellant Muhammad Waseem was that he is not known as Waseem and his name is Hafiz Naseem. However, as discussed in the previous line, the same cannot be of any help to him. There is overwhelming evidence on record which clearly connect the appellants with the commission of crime. They have committed a heinous crime and they do not deserve any leniency. Another point raised by the learned counsel was that the appellant Abdul Haq in his statement under section 340(2), Cr.P.C. Had stated that he is ready to state on Holy Quran that he is innocent. However, we have found that there is no legal sanctity behind such a statement by the accused. There is a plethora of evidence against the appellants, which clearly proves that they have taken the lives of innocent citizens and he had only made this statement to save his skin.
12. Sectarian issue in Pakistan is a major destabilizing factor in the country's political, social, religious and security order. While causing unrest, disorder and violence in society, the sectarian conflict in Pakistan resulted into thousands of deaths from suicide attacks, bomb blasts, assassinations and other terrorist acts. This abscess of sectarianism can be stopped by adopting the strategies such as (i) in the syllabi taught in G different educational institutions all such material which promote hatred and biases on the basis of religion, sect, sex, ethnicity and culture must be removed from textbooks and other sources of reading, (ii) the media, both print and electronic, must be instructed to do responsible reporting on sectarian matters, and (iii) the violent sectarian organizations must be banned.
13. For what has been discussed above, the prosecution has proved its case against the appellants beyond any shadow of doubt. The appeals having no merit are accordingly dismissed.