This is a revision petition filed by Inayat Ali, petitioner, against the order of a learned Additional Sessions Judge of Gujrat, dated 13-7-1985 refusing to summon Munawar Ahmad, Zulfiqar Ahmad, Muhammad Rafiq, Mushtaq Ahmad and Imtiaz Ahmad, respondents Nos. 1 to 5, to face their trial in respect of offences under section 302/148/149, P.P.C. In connection with the murder of Akhtar Ali, deceased, and rioting.
2. The prosecution case in brief is that Inayat Ali, petitioner, registered a case against Munawar Ahmad and others, respondents Nos.1 to 5, and Ijaz Ahmad, Mubashir Ahmad and Gulzar Ahmad at Police Station Saddar Gujrat on 11-7-1984 in respect of offences under section 302/148/149, P.P.C.
The allegation in the F.I.R. Was that Ijaz Ahmad, accused, armed with a carbine, Mubashir Ahmad, accused, Munawar Ahmad, respondent No.1, Gulzar Ahmad, accused, and Zulfiqar Ahmad, respondent No.2, all armed with guns, climbed the roof of the complainant's house and fired at his son Akhtar Ali, deceased. It was alleged that the incident was witnessed by Inayat Ali, Ghazanfar Ali, Zaffar Ali, Ali Muhammad, Mushtaq Ahmad and Riasat Ali. It was also averred that Muhammad Rafiq, Mushtaq Ahmad and Imtiaz Ahmad, respondents Nos.3 to 5, had engineered the conspiracy, which had led to the gruesome murder by the other accused. The motive behind the occurrence was old outstanding litigation between Inayat Ali, complainant, and his son Akhtar Ali, deceased, on the one side, and Munawar Ahmad and Muhammad Rafiq, Mushtaq Ahmad and Imtiaz Ahmad, respondents, and Ijaz Ahmad, co-accused, on the other. It is stated that though a compromise had been effected in respect of the dispute on the Holy Qur'an, but the accused presented a volte face and under the conspiracy engineered by Muhammad Rafiq and others, the murder was committed.
3. During the investigation by the police, Ijaz Ahmad and Mubashir Ahmad (proclaimed offender), accused, were found guilty by the police. The remaining six were got discharged on 13-10-1984. On 27-2-1985, the first challan was filed against Ijaz Ahmad and Mubashir Ahmad only.
4. The petitioner thereafter filed a complaint under section 302/452/ 148/149/109, P.P.C. Against Munawar Ahmad, respondent, and seven others. Preliminary evidence was recorded and the final outcome was that an Additional Sessions Judge of Gujrat only summoned Gulzar Ahmad, accused, to face trial, in addition to those who were earlier challaned in the State case. Being aggrieved by the said order, Inayat Ali, petitioner, has filed Cr. R. 576 of 1985 with a view of having the remaining accused summoned to face their trial, whereas Gulzar, accused, has filed a criminal revision (Cr. R.
41 of 1986) against the said order summoning him to face trial. Both the revision petitions are now before me for disposal.
5. I have heard the arguments of the learned counsel for Inayat Ali, petitioner, and Gulzar Ahmad, accused, and have also perused the certified copies filed. From the evidence of Inayat Ali P.W.1, Ali Muhammad P.W.2, Ghazanfar Ali P.W.3 and Mushtaq Ahmad P.W.4, prima facie a case under section 302/452/148/149, P.P.C. Stands made out against Munawar Ahmad and Zulfiqar Ahmad, respondents, and Gulzar Ahmad, accused, in addition to Ijaz Ahmad and Mubashir Ahmad, accused, who already have been challaned. I would not like to give any findings or appraise evidence at this stage, lest it may prejudice the case of either party.
6. For the foregoing reasons, Criminal Revision (Cr.R.576 of 1985) filed by Inayat Ali. Petitioner, is partly accepted and Munawar Ahmad and Zulfiqar Ahmad, respondents Nos.1 and 2, shall now be summoned by the Additional Sessions Judge to face their trial under section 302/ 452/148/149, P.P.C. With the other three accused already summoned. Criminal Revision (Cr.R.41 of 1986) filed by Gulzar, accused, is dismissed.
S.A.Partly accepted.