Asjad Javaid Ghural, J.--Through the respective Criminal Appeals No. 1255 & 1307 of 2015 under Section 25 of the Anti-T errorism Act, 1997 appellants Rashid Naeem and Qamar Adnan have challenged the ' vires of judgment dated 15.06.2015 passed by the learned Judge, Anti-T errorism Court, Faisalab ad in case FIR No. 04 dated 02.01.2014, in respect of offences under Sections 302, 324, 386 & 34, PPC and Section 7 of the Anti-T errorism Act, 1997 registered at Police Station, Balochani, District Faisalabad whereby they were convicted and sentenced as under:- Appellant Rashid Naeem:- Under Section 302(b)/34, PPC Death with compensation of Rs. 5,00,000/- to the legal heirs of deceased Muhammad Arshad under Section 544-A, Cr.P.C., in default thereof, to further undergo simple imprisonment for six months.
Under Section 386/34, PPC Rigorous imprisonment for ten years with fine of Rs. 2,00,000/- in default thereof, to further undergo simple imprisonment for six months.
Under Section 7(a) of Anti-T errorism Act, 1997 read with Section 34, PPC Death with fine of Rs. 5,00,000/- and in default thereof, to further undergo simple imprisonment for one year .
Under Section. 21-L of Anti-T errorism Act, 1997 read with Section 34, PPC Rigorous imprisonment for five years with fine of Rs. 1,00,000/-, in default thereof, to further undergo simple imprisonment for four months.
Appellant Qamar Adnan:- Under Section 302(b)/34, PPC Imprisonment for life with compensation of Rs. 5,00,000/- to the legal heirs of deceased Muhammad Arshad u/S. 544-A, Cr .P.C., in default thereof, to further undergo simple imprisonment for six months.
Under Section 386/34, PPC Rigorous imprisonment for ten years with fine of Rs. 2,00,000/- in default thereof, to further undergo simple imprisonment for six months.
Under Section 7(a) of Anti-T errorism Act, 1997 read with Section 34, PPC Imprisonment for life with fine of Rs. 5,00,000/-, in default thereof, to further undergo simple imprisonment for one year .
Under Section 21-L. of Anti-T errorism Act, 1997 read with Section 34, PPC Rigorous imprisonment for five years with fine of Rs: 1,00,000/-, in default thereof, to further undergo simple imprisonment for four months.
The benefit of Section 382-B, PPC was extended to the convicts and their sentences were ordered to run concurrently .
2. Capital Sentence Reference No. 52-T of 2015 sent up by the learned trial Court for confirmation or otherwise of death sentence of convict Rashid Naee m and Crl. Appeal No. 2198 of 2015 for enhancement of sentence of Respondents No. :2 will also be decided through:this common judgment.
3. Muhammad Akhtar (PW-1) got registe red crime report Ex.PA/1 alleging there in that on 02.01.2014 at about 01:45 p.m. he alongwith Abdul Ghaf far alias Abbas (PW-2) and Abdul Sattar was standing in Chowk near the house of Abbas for waiting his brother Muhammad Arshad and one Muhammad Attique. They had to go to their landed property in connection with some piece of work. When Muhammad Arshad and Muhammad Attique came in the Bazar , four persons emerged there on two motorcycles. Two unknown persons were riding motorcycles, whereas Muhammad Rashid and Muhammad Adnan alias Daan, armed with Kalashnikov , were sitting one each in pillion of the motorcycles. Accused Rashid Naeem alighted from the motorcycle, intercepted his brother Muhammad Arshad and asked him why he had not arranged and paid Rs. 200,000/-. Muhammad Arshad requested the accused that he being a poor-man, could not manage the said amount whereupon Muhammad Rashid infuriated and made fire shot with his Kalashnikov , which landed at the left side of chest of Muhammad Arshad. At the same moment Muhammad Adnan also made a fire shot, which landed at the left leg of Muhammad Attique. Both the injured fell down to the ground and the accused succeeded to flee away from the venue of occurrence. Muhammad Arshad succumbed to the injuries at the spot whereas, Muhammad Attique was shifted to Allied Hospital.
The motive behind this occurrence was that Muhammad Rashid etc. demanded Bhatha from his deceased brother , who refused, to pay the same, which resulted into this occurrence.
4. Ghulam Sarwar , SI (PW-10) visited the place of occurrence on the same day, took all necessary steps of initial investigation, transmitted the dead body to the mortuary and recorded the statem ents of witnesses under Section 161, Cr .P.C.
Muhammad Iqbal, Inspector (PW-11), recorded formal arrest of the appellants (who then were under custody in some other case), investigated them and on their disclosure Kalaslinikovs and motorcycle were recovered from them, which were taken into possession vide recovery memos. After completion of investigation, he got prepared report under Section 173, Cr .P.C.
5. Dr. Sadaqat Ali (PW-3) held autopsy on the dead body of deceased Muhammad Arshad on 03.01.2014 and observed two fire-arm injuries at front of lower and left side of chest and its respective exit wound.
The cause of death was due to hemorrh agie shock due to damage of left lung and heart. The probable duration between injuries and death was immediate, whereas between death and post-mortem 19 to 20 hours.
On the same day, he medically examined Muhammad Attique and observed a fire-arm injury on inner side of his right thigh.
6, At the commencement of the trial, the trial Court framed a charge against the appellants to which they pleaded not guilty and claimed to be tried.
7. The prosecution produced 16 witnesses besides the report of Punjab Forensi c Science Agency (Ex.PS). The appellants, in their statements recorded under Section 342, Cr.P.C., denied and controverted all the allegations of fact leveled against them. They neither opted to make statements under Section 340(2), Cr.P.C. nor produced any evidence in their defence.
8. Learned trial Court, upon conclusion of the trial, convicted and sentenced the appellants, as stated above vide impugned judgment dated 15.06.2015. Hence, these criminal appeals as well as the connected Capital Sentence Reference.
9. Learned counsels for the appellants have submitted in unison that the appellants are quite innocent and they have nothing to do with this occurrence; that the both the unknown accused, who were riding the motorcycles, have not been traced out by the prosecution till-date; that injured Muhammad Attique has been given up by the prosecution being won over; that the evidence of demanding Bhatha is not believable being an afterthought and the actual case of this occurrence has been suppressed by the prosecution in order to increase gravity of the offence; that the presence of eye-witnesses at the spot along with the deceased is also doubtful; that the recovery of weapons of offence from both the appellants remained inconsequential; that the prosecution has failed to bring home guilt of the appellants beyond shadow of reasonable doubt. At the end, a prayer has been made for acquittal of the appellants.
10. Conversely , learned Deputy Prosecutor General appearing for the Slate assisted by learned counsels for the complainant has contended that it was a broad daylight occurrence, which took place in a busy Chowk surrounded by shops and residences; that place of occurrence was inside the village Abadi and both the witnesses belong to the same vicinity and, thus it cannot be termed as an un-attendant or un-witnessed occurrence; that the presence of eye-witnesses near their residence cannot be doubted in any capacity; that both eye-witnesses remained firm and consistent qua their presence at the place of occurrence and also role attributed to appellant Rashid Naeem; that non-production of injured witness Muhammad Attique being won over, has no bearing upon the fate of the case; that the ocular account is - fully supported with the medical evidence; that Shahzad Qamar and Muhammad Saleem PWs made consistent statement against the appellants and successfully proved the demanding of Bhatha by the appellant from the deceased; that the prosecution has successfully connected the appellants with the murder in issue through cogent and reliable evidence. They have made a request for dismissal of the appeals.
11. I have heard learned counsels for the appellants, learned Deputy Prosecutor General appearing for the State assisted by the learned counsels for the complainant and perused the record with their able assistance.
12. The mainstay of the prosecution was on the testimony of Muhammad Akhtar (PW-1), complainant/brother and Abdul Ghaf far alias Abbas (PW-2). They appeared in the dock in the Court-room and reiterated in unison what they had narrated before the police that on 02.01.2014 at about 01:45 p.m. 4 they along with Abdul Sattar were present at Chowk near the house of Abbas in wait of Muhammad Arshad, who had gone to call Muhammad Attique from his house because they had to go to their fields in connection with some piece of work. As soon as Muhammad Arshad along with Muhammad Attique reached there, in the meanwhile, four persons riding on two motorcycles emerged there. The drivers of the motorcycles were not known to them, however , the appellants, while armed with Kalashnikov were sitting in pillion of respective motorcycles. Appellant Rashid Naee m alighted from the motorcycle, intercepted his brother . Muhammad Arshad and asked him why he had not 'arranged and paid Rs. 200,000/-, who beseeched the appellant that he being a member of weak segment of the society could not arrange Bhatha, whereupon Rashid Naeem infuriated and made fire with his. Kalashuikov , which landed at the left side of chest of Muhammad Arshad. At the same moment Muhammad Adnan also made fire shot, which landed at the left leg of Muhammad Attique. We have observed that the house of Abdul Ghaf far and Abbas (PW-2) was close to the place of occurrence, which has not been denied or controverted by other side. The place of occurrence was a busy Chowk surrounded by shops and different residential houses inside the village Abadi. Both the eye-witnesses belonged to the same vicinity and the question of their being chance revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.