1. MOHAMMED KARIM KHAN AGHA, J.---By this common judgment, we intend to dispose of these three Criminal Appeals and the confirmation case arisin g out of same judgment, of which Criminal Appeal No. D-21 of 2015 has been filed by appellants Muhammad Shahrukh, Faisal Mehmood alias Nafziayati, Syed Tahir Naveed Shah alias Polka and Syed Mohammad Ali Rizvi alias Ali, Criminal Appeal No.D-41 of 2015 has been filed by Faisal Mehmood alias Mota and Criminal Appeal No.D-24 of 2020 has been filed by appellant S.M Kamran alias Zeeshan, against impugned judgment dated 01.03.2014 passed by learned judge, Anti-T errorism, Kashmore alias Kandhkot, in New Special Case No.81 of 2013 (Old No.32 of 2011) arising out of Crime No.08 of 2011 of Police Station Super Market, Karachi, registered for an offence under sections 302, 149, P.P.C., whereby appella nts Shahrukh, Faisal Mehmood alias Nafziayati, Syed Tahir Naveed Shah @ Polka and Syed Mohammad Ali Rizvi alias Ali have been convicted for offence under sections 302, 149, P.P.C. read with section 7(a) of Anti-T errorism Act, 1997 and sentenced to suffer imprisonment for life and pay fine of Rs.100,0001= each and in case of default in payment of fine they shall suffer S.I for two years more. In case the fine amount is realized, the same shall be paid to the legal heirs of deceased Wali Khan Babar as compensation under section 544-A, Cr.P.C. and convicted absconding accused/ appellants Faisal Mehmood alias Mota and S.M. Kamran alias Zeeshan in their absentia and awarded both of them death sentences as and when they are arrested subject to confirmation by this court. Benefit of section 382-B, Cr.P.C. is also extended to the accused/appellants Shahrukh, Faisal Mehmood alias Nafzi ayati, Syed Tahir Naveed Shah alias Polka and Syed Mohammad Ali Rizvi alias Ali. However , under the same impugned judgment co-accused Muhammad Shakeel was acquitted of the charge by being extended the benefit of the doubt. Neither the State nor the complainant has filed any appeal against this acquittal.
2. The prosecution case as unfolded in the FIR are that: "With reference to copy of report No.43 dated 13.01.201 1 of the daily diary Police Station Super Market, I the ASI Ghouse Bakhsh, having conducted investigation and recorded statement under section 154, Cr.P.C. of complainant mentioned in column No.2 have come back at Police Station for registration of case. The copy of statement of complainant is as under: From Mortuary of Abbasi Shaheed Hospital, Karachi. Dated: 13.01.201 1, @ 2345 Hours.
2. FIR No.08/201 1.
3. Statement under section 154, Cr .P.C.
4. Mr. Mohabat Khan Baber son of Alam Khan Baber aged 30 years caste Baber Pathan resident of house No.B-194 Block-N street No.12 North Nazimabad, Karachi, having Phone No.0321-2600210, on enquiry stated that I reside at the above mentioned address and I am originally resident of village Girder Baber District Ghorob Baluchistan and I do serve as Engineer in Baluchistan Government. My younger brother named Wali Khan Baber son of Alam Khan aged 28 years used to do work as reporter in Geo News, today on 13.01.201 1, I was present in my Mohalla where I received information through Geo News Officials that bullet has hit to Wali Khan Baber and he has been brought at Abbasi Shaheed Hospital in injured condition. I rushed to Abbasi Shaheed Hospital where the dead body of my brother Wali Khan Baber was lying in the Mortuary room of Abbasi Shaheed hospital and he received five bullets at his forehead, neck and check. On enquiry , I came to know that my brother was coming to home in his car No.AEE-613 make Suzuki Cultus via S.M. Taufeeq road from his office Geo News, at about 0930 hours, when he came at opposite Apwa School Super Market Liaquatabad where the unknown accused person(s) killed him with their firearm weapons on account of unknown grudge. I have no doubt or suspicion upon any one. My complaint is against the unknown accused person(s) having caused serious injury to my brother Wali Khan Baber with their firearm weapon and have killed him. Legal action may be taken against them. This much is my statement, heard the same and it is correct.
5. Sd/- (In English)
6. Dated: 13-01-201 1 Sd/- (In English)
7. ASI Ghouse Bakhsh Posted at P.S. Super Market, Karachi Dated: 13-01-201 1 POLICE ACTION I the ASI Ghouse Bakhsh do hereby certify that I being busy in the investigation report of daily diary reached at Abbasi Shaheed Hospital where I prepared memo regarding examination of dead body and obtained cause of death from MLO Dr. Sajid vide PM No.34/201 1 dated 13-01-201 1 and recorded the statement under section 154, Cr.P.C. of complainant, who admitted the same to be correct and signed thereon and handed-over the dead body to his legal heirs. On returning to police station, the said statement was copied in verbatim. From the text of statement nature of offence falls punishab le under sections 302/34, P.P.C., therefo re, after registering case against unknown accused person(s), copy of FIR alongwith original statement was sent to