MUHAMMAD ASIK JAN, .1.- Mirza Zalieer Ahmad, aged about 36 years (appellant in Criminal Appeal No. 446/92). Amer Quddoos. Aged about 31 years, (appellant in Criminal Appeal No. . 453'92). Hafiz Asif, aged about 23 years. Uaqat Ali. Alias Popi. Aged 28 years and Eijaz Baig, aged about 26 years iappellants in Criminal Appeal No. 459 92). Stood their trial in the Court ol Mr. Khadim Hussain Malik.
Additional Sessions Judge. Gujranvvala. For having committed the murder ol Tariq .Laved, aged about 26 years..Mirza Zalieer Ahmad, appellant, was convicted under Section 302. PPC and sentenced to death alongwith a fine of Rs. 10.000 - and further two years' R.I. In ease o) default in the payment of fine. He was also ordered to pay a compensation of Rs.10,000-- to the legal heirs of Tarit| laved, deceased, and to undergo six months' RJ. In case of default in the payment' of compensation. He was also convicted under Section 148. PPC and sentenced to two years' R.I.The sentences were ordered to run concurrently alongwith the benefit of Section 382-B. Cr.P.C.Amer Quddoos. Hafiz. Asif. Liaqat Ali and Eijaz Baig alias Juj. Appellants were also convicted under the same penal provisions but sentenced to undergo imprisonment for life. The rest of the conviction and sentences were the same as that of Mirza Zalieer'Ahmad.All the. Appellants were acquitted from the charge under Sections 307/149,PPC
2. The occurrence took place on the 20th of April. 1998 at 8.30 p.m. In Makki Mosque Street in front of the shop of complainant Muhammad Rafique (PW- 6). The unfortunate father of Tariq Javed.
Deceased. The shop is I G Furlong, from the Police Station Civil Line of Gujramyala.
3. The statement (F.X.PJ) of Muhammad Rafique (PW-6), the father of Tariq Javed. Deceased, was recorded on the 20th of April, 1988 at 9.30 p.m. By AS1 Muhammad Siddique (PW-11) in an area known as hospital chowk near Civil Hospital of Gujranvvala.The formal FIR (Ex.PJ/l) was drawn on the same day at 9.40 p.m. Under Sections 307,148/149. PPC to which Section 302. PPC was added subsequently by AS1 Muhammad Ikram (PW-7).I Voi. WinThe occurrence was -witnessed by Muhammad Rafique (PW-6). The. Lather of Tarit) Javed. Deceased,- Muhammad Shal'ique (PW-10), brother of Tarit| -Javed. - deceased and Hamayun Rafique, yet another brother of the deceased, who was not produced by the prosecution-and- given up by the learned Prosecutor as being unnecessary.
4. According to the statement of Muhammad Rafique (PW-6), father of Tariq Javed deceased, he owns a sweet shop in Makki Mosque Street, new Civil lanes. Gujranwala. His son Muhammad Shal'ique (PW-10) owns a poultry shop nearby in the area known as Dingu Phattak. About a week prior to the occurrence, a customer had come to the shop of-Muhammad Shal'ique. Hafiz Muhammad Asif and Uaqat Ali alias Popi appellants misbehaved with the said customer. They were reprimanded by Muhammad Shal'ique which led to tin altercation resulting in a threat by Hafiz Muhammad Asif and Uaqat Ali alias Popi that they, would avenge the insult.
On the day of occurrence tit about 8.30 p.m. Complainant Muhammad Rafique (PW-6) alongvvith his sons'Muhammad .Shal'ique (PW-10). Tariq .Laved, deceased am1 Hamayun Rafique (not produced) were present in the sweet shop. Hafiz Muhammad Asif Mirza Zaheer .Ahmad. Amer Quddoos alias Pawn. Uaqat Ali alias Popi and Ejaz. Baig alias Juj. All armed w ith 32 bore revolvers arrived at the said shop and declared that they had arrived to avenge their insult and simultaneously all of them started firing. Tariq Javed deceased was'sitting, upon a cushion, Mirza Zaheer Ahmad, fired with his revolver'at Tariq Javed and hit him on the chest. Complainant Muhammad Raliqe alongvvith his sons-Muhammad Shal'ique am1 Hamayun Rafique'took refuge behind the almiras inside the shop and did not receive any injuries.
5. Dr. Manzoor Hussain (PW-2) examined- Tariq Javed. Deceased, a young man of about 26 years when he was still alive, on the 20th of April. 1988 at 9 p.m. And found the following injury on his personA fire-arm lacerated wound 3/4 x 3/4 e.m. Going deep in the chest cavity with black inverted margins on the front of right chest 2'A. Cm below the clevicle in the mid clevicular line with haeinopisis present. Corresponding hole on the shirt was present and shirt was- bloodstained.
When the patient was referred it was present on the patient's body.
6. Dr. Rizwan -Malimood Multi, who was not produced ln the prosecution as he had gone away to l.Ondon. Performed the post-mortem examination of Tariq Javed deceased at 10.15 a.m. On the 21st of April. 1988. Since he was not available., the prosecution produced Muhammad' Shah, from theDepartment of Forensic Medicine. King Edward Medical College. Lahore, (PW-9), who slated that he had worked with Dr. Ri/.Wan Mali mood Mufti and could identify his handwriting and signatures.
He produced the post-mortem report (Ex.PK) which was written in the hands of Dr. Ri/.Wan Meh mood Mufti.
7. Mirza Zahecr Ahmad. Amer Quddoos alias Pawa and Ejaz Baig alias Jitj. Were arrested on the 9th of May, 1988 by AS1 Muhammad Sadie) (PW-fl).Hafiz Muhammad Asif was arrested on the 2nd of June. 1988 and Liaqat Ali w as arrested on the 12th of July , 1988 by the same Police Officer.'A revolver (P-2) was recovered from Mirza Zaheer Ahmad appellant on the 22nd of May. 1988 vide recovery memo. (Ex.PB) of AS1 Muhammad Siddique (PW-11) in the presence"of Muhammad Khalid (PW-5) and one Abdur Rashid who w as not produced by the prosecution and was given up by the-learned Prosecutor as being unnecessary.Another revolver (P-3) was recovered from Amer Quddoos alias Pawa on the same day by the same Police Officer vide recovery memo. (Ex.PF) and was witnessed by the same prosecution witnesses.Another revolver (P-1.) was recovered from Ejaz Baig on the same day by the same police officer vide recovery memc>. (Ex.PD) which was witnessed by the same prosecution witnesses.Hafiz Muhammad Asif appellant led to the recovery of revolver (P-4) on the 16th of June; 1988; which was taken into possession vide recovery memo.
(Ex.PJ) by Inspector Zafar Alam (PW-8), in the presence of the same prosecution witnesses.
Liaqat Ali alias Popi appellant led to (he recovery of a revolver (P-5) on the 23rd ol July, 1988 which was taken into possession vide recovery memo. (Ex.PH) by A-SI Muhammad Siddique (PW-11) in the present of the same witnesses.Hie revolvers were sent to the Fire-Arms Expert and were found to be in a working condition according to the reports of the Fire-Arms Expert (Ex.PV and Ex.PW).The bullet recovered during autopsy was sealed in a phial on the 21st of April, 1988 and taken into possession vide recovery memo. (Ex.PL).
8. All the appellants pleaded total denial and false implication due to enmity.
9. Malik Saeed Hassan, Advocate, leamed counsel for Mirza Zaheer Ahmad contended that both eye-witnesses were of a dubious character and they were involved in murders, drugs and gun running and that they were closely related| \ ol XVIH /.Aheer Ahnictl V. I he Stale Cr.C .
157{.\iiiliuniiiiail Asif .Km../)to the deceased, therefore, very strong corroboration was required which was not forthcoming as the recoveries were made on the last day of remand and had not been relied upon by the learned trial Judge, lt was further contended that the FIR was not registered at the policse station which made it doubtful; that there was no motive; that the behaviour of the eye- witnesses was extraordinary: that there was a reason for false involvement; that the medical evidence was not in consonance with the ocular account and that no bullet had been recovered.10.
Mr. Naveed Rasool Mirza, learned counsel lor Amer Qudoos alias Pawa appellant adopted the arguments of Malik Saeed Hassan. Advocate, while I)r. A. Basil. Advocate, learned counsel for Hafiz Muhammad Asif. Uaqat Ali and Eijaz Baig contended that the place of occurrence was not the shop but elsewhere and. Therefore, the blood-stained earth which admittedly had been recovered was not exhibited; that keeping in view the earlier incident, the target should have been Muhammad Shafique PW; that another set of accused persons had been indicated by Mr. Qureshi; the Additional S.P. (not produced by the prosecution) anti that there were reasonable doubts in the case of the prosecution. . .'ll. As against the arguments of learned counsel for the appellants, Mr. Masood Mtrza, Advocate, learned counsel for the petitioner in the Revision Petition (Cr.R. No. 222/1993) who was supported by the learned counsel appearing on behalf of the State submitted*that the occurrence was reported promptly; that the appellants were named in the FIR; that the eye-witnesses were also mentioned in the FIR; that their presence was natural and their account was consistent: that the character of the eye-witnesses was irrelev ant and at any rate the cases against them had been registered after the occurrence; that the medical evidence was in conformity with the ocular account and finally that there was no reason for either false implication or substitution. l2. There was ho long standing enmity or any blood fued between the parlies. The occurrence took place on account of the earlier incident which resulted in the senseless killing of a young man but then every murder is senseless. There is no anger so deep that it must be assuaged by killing and yet that is exactly what happened in this case. The unfortunate father and brothers of the deceased who were present in the shop where the killing took place had no reason for false implication of the appellants or substituting them in place of the real culprits. They may have exaggerated but they cannot be condemned as liars merely because they are closely related to the deceased and are aggrieved by the death of their dear one. Homicide is almost always a crime with multiple victims. There is the dead person himself and those who loved him. However, the possibility of exaggeration cannot be positively ruled out. According to the prosecution all hell broke loose when the five appellants simultaneously started firing yet except. Tariq Javed deceased no body else was injured nor were any bullets recovered from inside the shop. The eye- witnesses have consistently staled that Vlir/a Zaheer Ahmad shot at Tariq Javed deceased and hit him on his chest which injury ultimately caused his death.Therefore, as far as Mira Zaheer Ahmad" appellant is concerned, there is absolutelyno room for any doubt. Since there is no mitiuatimt or extenuating circumstance as *- *-far as Mira Zaheer Ahmad is concerned, his appeal (Criminal Appeal No. 440 1092) is dismissed. The sentence of death awarded to him is confirmed. The murder reference is answered accordingly.
13. Since admittedly, no injury is ascribed to Amer Quddoos. Hafiz. Muhammad Asif. Liaqat Ali and Ljaz Baig alias Juj appellants in Criminal Appeals Nos. 455. 450 of 1002. We are extending the benefit of doubt to the said appellants am1 by way of extreme caution and in the interest of sajje administration'of'criminal justice, their appeals are accepted and they are acquitted. Being on hail are discharged of their bail bonds.
14. Criminal Revision No. 222/1005. Praying for enhancement of the sentences of the respondents is dismissed.