' KH. MUHAMMAD SHARIF, J.---This judgment will dispose of Murder Reference No,7 of 1998, Criminal Appeal No,29 of 1998 filed by Mumtaz Ahmad appellant and Criminal Appeal No,30 of 1998 filed by Jamil Ahmad appellant. They were convicted and sentenced by Judge Special Court II, Anti- Terrorism, Bhawalpur on 10-7-1998 as follows: (1). Mumtaz Ahmad appellant was convicted and sentenced to death under section 302(b), P.P.C.
Read with section 7, Anti-Terrorism, Act, 1997 for the murder of Hapan Mahmood Ghoori, A.S.I. He Vas further directed to pay Rs,50,000 to the legal heirs of the deceased under section 544-A, Cr.P.C.
As compensation, in default two years' R.I. He was also convicted and sentenced under section 324/34, P.P.C. To undergo 10 years' R.I. With a fine of Rs,20,000, in default one year R.I. He was also sentenced under section 353, P.P.C. To undergo two years' R.I.
(2) As far as, Muhammad Jamil appellant is concerned, he was convicted and sentenced to undergo 10 years' R.I. Under section 7 Anti-Terrorism Act, 1997 with a fine of Rs,20,000 in default one year R.I. He was further sentenced under section 324/34, P.P.C. To undergo two years' R.I., with a. Fine of Rs,20,000 in default one year R.I. He was further sentenced to undergo two years' R.I. Under section 353, P.P.C.
(3) Both the appellants were granted the benefit of section 382-B, Cr.P.C.
2. The occurrence in this case took place on 22-3-1998 within the area of Chak 14o.112/NP, situated ten K.Ms. Away from Police Station Saddar, Khanpur, District Rahimyar Khan while the matter was reported to the police by Bashir Ahmad, S.I. Through a written complaint Exh.PE on the same day at 11-50 a.m. To Akmal Rasool Nadar, S.H.O. Police Station Saddar, Khanpur. Formal F.I.R. Exh.P/1 was recorded on the same day at 12-30 p.m.
3. The case was registered on the statement of Bashir Ahmad, S.I. Liaquatpur. According to complaint Exh.PE he stated that on 22-3-1998 he alongwith Akbar Ali, S.I. Liaqat Ali, S.I. Armed with revolver. Liaqat Ali, Head-Constable armed with G.3 Rifle, Rifaquat Ali, Constable armed with G.3 Rifle, Javed Ullah armed with S.M.G., Ghulam Mustafa, Constable armed with Rifle N.P. Five, Saeed Ahmad, Constable armed with Semi-Automatic Rifle started in the police vehicle for the search of Mumtaz s/o Abdul Wahid, Jamil Ahmad s/o Abdul Rehman, caste Machi who had snatched a car from Muhammad Siddique. A case vide F.I.R. No,65 of 1998, dated 22-3-1998 under section 392, P.P.C. Had been registered against Mumtaz Ahmad and Jamil Ahmad accused at Police Station Liaqatpur on the statement of Muhammad Siddiq. Complainant was with them in search of the culprits. When they reached near Nawan Kot they saw that the snatched car was going towards Khanpur City from Nawan Kot Adda. They started to chase the accused. He also gave the message on wireless to D.S.P., Liaquatpur and also to Police Stations Shaidani, Pakka Lana, Khanpur City and Saddar and Police Station Zahirper. He gave the information about the car and asked for help of the police from the said police stations to reach there behind him. Accused seeing the police party left the car on the road on front of the hospital within the Chak No,112/NP. They started firing towards police and went into sugarcane fields. In the meanwhile Muhammad Shafiq, S.I. Alongwith police officials of Police Station Shadiani, Hassan Mahmood, A.S.I. Alongwith police officials of Police Station, City Khanpur, Abdul Razzaq Shakir, S.I. Alongwith police officials and D.S.P., Liaquatpur alongwith police officials reached there Nazir Ahmad sic) Ghulam Muhammad, caste Arain, resident of Chak No,106/NP, Munir Ahmad s/o Allah Bakhsh caste Juttoi, resident of Kotla Phattan also reached there. The sugarcane fields covering three, four acres were encircled with the help of all these persons. Search of the accused was started in the said fields. Complainant Bashir Ahmad alongwith his police officials including Hassan Mahmood A.S.I. Started search in the sugarcane fields. Hassan Mahmood, A.S.I. Caught hold of Mumtaz Ahmad who fired at Hassan Mahmood, A.S.I.
Hitting him on the left side of his chest. In the meanwhile Jamil Ahmad accused armed with carbine started firing at the police party and started running. Muhammad Altaf, Constable, Saeed Ahmad, Constable, Akbar Ali, A.S.I. And the complainant fired towards Jamil Ahmad in self-defence.
They fired towards Jamil Ahmad in response of his firing and to arrest him. Jamil Ahmad was caught hold of alongwith the carbine. Hassan Mahmood Ghoori, A.S.I. Was seriously injured and he was sent to Civil Hospital, Khanpur. A .30 bore pistol was recovered from the possession of Mumtaz Ahmad accused alongwith four bullets. The registration book of snatched car 9755/BNA was also recovered from the possession of Mumtaz Ahmad accused. Akmal Rasool, S.H.O., Police Station Saddar, Khanpur had reached at the spot. In the meanwhile on receiving the message by wireless.
The accused alongwith the weapons recovered and the complaint Exh.PE were handed over to S.H.O., Akmal Rasool Police Station Saddar, Khanpur at the spot by Bashir Ahmad, S.1., S.H.O., Liaquatpur. Akmal Rasool sent the complaint to the police station and case was registered under section 324/353/186/34, P.P.C. Later on, on the same day after the death of Hassan Mahmood, A. S .
I . Section 302, P. P . C . Was added.
4. The Investigating Officer came to the spot, first of all took into possession bloodstained earth vide memo. Exh.PK. Both the appellants, who were apprehended at the spot were produced before him, first of all Jamil Ahmad appellant was produced alongwith pistol P.10, seven live cartridges P.11/1-7 vide memo. Exh.PG Mumtaz Ahmad appellant was also produced before the Investigating Officer alongwith his pistol P.8, four live bullets P.9/1-4 and all were taken into possession vide memo. Exh.PF. The Investigating Officer, also took into possession three fired empties of .30 bore from the spot which were taken into possession vide memo. Exh.PL. Four empties of .12 bore were also taken into vide memo. Exh.PM. Four fired Klashnikov rounds were also taken into possession vide memo. Exh.PO, which were fired by the police party. Police also took into possession FX Suzuki Car bearing No,9755-B.N.A. Vide memo. Exh.PJ. Reports of the Chemical Examiner and that of Serologist regarding the blood-stained earth are Exh.PQ and Exh.PR. The Report of Fire-arm Expert is positive in nature, which is Exh.PS, according to which crime empties of .30 bore and .12 bore, taken from the spot, were fired from the pistols of Mumtaz Ahmad and Jamil Ahmad appellants.
5. Prosecution in order to prove its case produced 11 witnesses in all. Thereafter, the statements of the appellants were recorded under section 342, Cr.P.C. Who claimed innocence and stated that they have been falsely implicated due to enmity and party faction.
6. Learned counsel for the appellants have read before us the prosecution evidence recorded by the learned trial Court and both of them appearing on behalf of Mumtaz Ahmad and Jamil Ahmad appellants makes the following submissions. Both submit that story of the prosecution is totally false and full of lies. They also submit that had the deceased took Mumtaz Ahmad appellant in his claps ( ) then his clothes must have got smeared with blood. They further submit that neither the clothes of Mumtaz Ahmad appellant were taken into possession nor they were found to be stained with blood. They further submit that F.I.R. Regarding the snatching of the abovesaid car, was not brought on record by the prosecution. They further submit that no independent witness has been produced in this case. They also submit that Tufail Mazhar, D.S.P. Was not produced by the prosecution before the learned trial Court. They further submited that Muhammad Munir a public witness examined as P.W.9 is close relation of police officials. They further submit that ocular account is not corroborated by medical evidence. They also submit that in fact, Hassan Mahmood Ghoori A.S.I. Deceased was killed by the police officials himself and they in order to conceal their evil design have falsely implicated the appellants in this case. Learned counsel for Jamil Ahmad appellant further adds that no injury to the deceased is attributed to Jamil Ahmad appellant and only ineffective firing is attributed to him. Both the learned counsel lastly submit that the appellants be acquitted in the instant case.
7. On the other hand, learned counsel for the State has very strongly and vehemently supported the judgment of learned trial Court.
8. We have heard the learned counsel for the parties and have also gone through the evidence recorded by the learned trial Court very minutely. In the instant case, both the appellants were arrested at the spot by the police, pistols from both of them were recovered alongwith crime empties of .12 bore and 30 bore. These pistols recovered from the appellants and the crime empties recovered from the spot were sent to the firearm expert and it has been reported by him after examining the same through his report Exh.PS that these crime empties were fired from the pistols recovered from Mumtaz Ahmad and Jamil Ahmad appellants. All the witnesses including the police officers have no enmity whatsoever against the appellants. There is no question of false implication in the instant case. Muhammad Saddique Taxi Driver, whose car was snatched by the appellants was examined as P.W.8 has fully supported the prosecution case then there is another witness namely Munir Ahmad examined as P.W.9, who belongs to the public has also supported the prosecution case giving all the details that how the appellants were arrested and apprehended, then there is also evidence of Bashir Ahmad complainant S.I. P.W.7, Muhammad Shafique, S.I. P.W.10 and Akmal Rasool Nadar, P.W.11 who have supported the prosecution case in totality. These police officials are as good witnesses as the public witness. A Police Official i,e, the deceased in this case namely Hassan Mahmood Ghoori, was performing his official duty and tried to apprehend the appellants was killed in this case. It was a broad daylight occurrence. Ocular account in this case furnished by the prosecution witnesses is corroborated by medical evidence and the positive report of fire-arm expert. There is not a slightest doubt in the prosecution case. No leniency can be shown to both the appellants. Prosecution has proved its case against both the appellants beyond any shadow of doubt. Conviction and sentence awarded to both the appellants by the learned trial Court is maintained. Death sentence awarded to Mumtaz Ahmad appellant is confirmed. Murder reference is replied in affirmative.