' MUHAMMAD KHAYAR KHAN J.---Abdul Ghafoor alias Ghafoori son of Pannu, caste Oad, Bashir Ahmad son of Ahmad Din, caste Muslim Sheikh, Amanat Ali son of Ishaque, caste Oad and Riasat Ali alias Riasu son of Ghulam, caste Oad, all residents of Baddo Muraday, Police Station Sadar Sheikhupura, were tried in the Court of learned Additional Sessions Judge, Sheikhupura for the offences punishable under sections 460, 302/34, P.P.C. And section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979. The learned Additional Sessions Judge vide judgment, dated 16-5-1995, convicted and sentenced them as under:-- Abdul Ghafoor and Riasat Ali
(i) under section 457, P.P.C.10 years' R.I. each and fine of Rs.10,000 each. In default whereof to undergo two years' R.I. each.
(ii) under section 382, P.P.C.10 years' R.I. each and fine of Rs.10,000 each. In default whereof to undergo two years' R.I. each.
(iii) under section 302(2), P.P.C.Riasat Ali accused was sentenced to death as Ta'zir and Abdul Ghafoor to imprisonment for life.
Bashir Ahmad and Amanat Ali
(i) under section 109 read with section 382, P.P.C.10 years' R.I. each and fine of Rs.10,000 each. In default whereof to undergo two years' R.I. each.
(ii) under section 411, P.P.C.3 years' R. I. each fine of Rs.2,000 each in defaultwhereof to undergo sixmonths' R.I.
All the sentences were ordered to run concurrently. The accused were given benefit under section 382-B, Cr.P.C.
3. The occurrence in this case had taken place on the night between 8-8-1992 and 9-8-1992 in the house of Muhammad Ishaque complainant (P.W.2) resident of village Muraday Kalan situated at a distance of 16 k.m. From the Police Station Bhikhi. F.I.R. Exh.P.B./1 was registered on 9-8-1992 at 4.45 a.m. On the statement Exh.P.B. Of the complainant, Muhammad Ishaque (P.W.2) recorded by Muhammad Sadiq S.I. (P.W.13). It was reported by the complainant that on the fateful night he was sleeping on the roof top of his house while his brother Abdul Razzaq deceased and other family members were asleep in the courtyard of the house. At about 2.00 a.m. He woke up on hearing alarm and went down stairs where in the light of electric bulb he found two unknown persons, one with a long stature, brownish colour and stout body, aged about 28/29 years, armed with a pistol and the other with average stature, brownish colour, slim body, aged about 26/27 years, armed with a gun. Both were wearing vests and underwear and were grappling with Abdul Razzaq. The complainant challenged them whereupon the person armed with pistol fired hitting Abdul Razzaq on the front of his neck. He fell down. Those persons then fired two more shots and decamped towards the fields. The alarm attracted Muhammad Ashraf (P.W.3) Mushtaq Ahmad (not produced) and certain other persons. The complainant on checking the house found that the lock of the residential room was broken and his licensed .12 bore gun and revolver were missing. The complainant stated that he could identify accused if shown to him. He charged those unknown persons for house trespass, theft of weapons and murder of Abdul Razzaq deceased. In supplementary statement Exh.D.A. Recorded on 9-8-1992, the complainant stated that due to shock he forget to give some facts that his Radio and weapon licences were also stolen by those persons who were resembling servants of local Chairman and two more persons duly armed were also standing near the door of the house who were seen by Khadim and Nawaz in the light of bulb decamping from the spot. After recording the complaint Muhammad Sadiq S.I. Sent it to the police station through Sher Baz constable No,867, where Mukhtar Ahmad Moharrir (P.W.6) recorded formal F.I.R. Exh.P.B./1. Muhammad Sadiq S.I. Himself went to the hospital and sent Barkat Ali, A.S.I. To the spot. In the hospital he inspected the dead body of Abdul Razzaq and prepared injury sheet Exh.P.1.
And inquest report Exh.P.J. He submitted application for post-mortem examination of the dead body of the deceased, and deputed Muhammad Siddique, constable (P.W.7) and Riaz Ahmad constable to get the post-mortem examination. Thereafter, he went to the place of occurrence wherefrom blood-stained earth, Sandhava, P.7, a knife P.8 and broken lock P.9 were recovered and taken into possession and sealed into parcel vide memo. Exh.P.K. Rough site plan of the place of occurrence Exh.P.M. Was also prepared. He recorded the statements of the P.Ws. Under section 161, Cr.P.C. On the same day, Muhammad Anwar, Inspector (P.W.17) took over the investigation. Riaz Ahmad constable had brought the last worn blood-stained clothes of the deceased shirt P.1. And Shalwar P.2 which were taken into possession vide recovery memo. Exh.P.A. On 31-8-1992, Rab Nawaz Draftsman produced before him site plan Exh.P.C. On which he recorded his notes in red ink.
The investigation was then transferred to Shafqat Ali S.I. Of C.I.A. Staff (P.W.14) who on 14-9-1992 arrested Abdul Ghafoor accused and got him detained in the District Jail, Sheikhupura. On 18-9- 1992, he arrested Bashir and Amanat. Bashir at the time of arrest was found in possession of 12 bore gun P.13, 4 cartridges P.14/1-4 which were taken into possession vide memo. Exh.P.N. Amanat Ali and Bashir were detained in the District Jail, Sheikhupura, On 26-9-1992, he submitted an application for the identification parade of all the said accused which was held on .10-10-1992 under the supervision of Syed Najam-us-Hassan Naqvi, M.I.C. (P.W.16). On 17-10-1992, Amanat Ali accused while in Police custody led to the recovery of revolver P.3, 8 live bullets P.6/1-6 Licence P.4 from his residential house which were taken into possession vide recovery memo. Exh.P.G. On 20-10-1992 Bahsir accused while in police custody led to the recovery of a Radio P.5 from his house which was taken into possession vide recovery memo. Exh.P.D. On the same day, he also led to the recovery of rifle 7 mm from his house which was taken into possession vide recovery memo. Exh.P.E. On 17-10- 1992 Abdul Ghafoor accused while in police custody led to the recovery of gun 12 bore P.10 and 4 live cartridges P.11/1-4 from his house vide memo. Exh.P.F. The said police officer also prepared site plan of the places of recoveries Exh.P.D/1, Exh.P.F./1 and Exh.B.G./1. On 22-10-1992 Muhammad Ishaque complainant identified the revolver P.3 and Radio P.S. On 29-5-1993, Shafaqat Ali S.I.
(P.W.14) arrested Riasat Ali accused and got him detained in the District Jail, Sheikhupura, where on 8-6-1993 he was identified by the P.Ws. In an identification parade conducted by Mr. Tahir Ahmad Sindhu, M.I.C. (P.W.18). On 23-6-1993, Riasat Ali accused while in police custody led to the recovery of 12 bore gun No,1325 by digging it out from the bank of canal in the area of Police Station Bhikhi which was taken into possession vide memo. Exh.P.Q. Muhammad Ishaque complainant identified the gun on 24-6-1993 and memo. Exh.P.R. Was prepared to that effect. After completion of the investigation accused were challaned to Court.
4. At the trial accused were charged for the offences punishable under sections 460/302/34, F.I.R.
And section 17(4) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979. They did riot plead guilty to the charge. To prove the charge against the accused, the prosecution produced as many as 18 P.Ws. Nasrullah (P.W.1) identified the dead body of Abdul Razzaq deceased at the time of post-mortem examination. He stated that the Investigating Officer had taken into possession last worn clothes of the deceased, shirt P.1, Shalwar P.2, both blood-stained, produced by Riaz Ahmad, constable, one Phial containing bullet vide recovery memo. Exh.P.A.
5. Muhammad Ishaque complainant appeared as (P.W.2). He stated that on 9-8-1992 he was asleep on the roof top of his house. His real brother Abdul Razzaq and other family members were sleeping in the compound of the house. At about 2.00 a.m. At night he heard the alarm of thief, thief. He came down in the compound where an electric bulb was lit. He had seen the accused Riasat Ali holding revolver and Abdul Ghafoor having a gun. He challenged them whereupon Riasat Ali fired with his revolver at his brother Abdul Razzaq hitting him on his throat. Both the accused were grapping with Abdul Razzaq, deceased. Abdul Razzaq fell down due to injury. Again both the accused fired in the air and ran away. Mushtaq and Ashraf P.Ws. Had witnessed the occurrence. He went inside the room and found the lock broken. His licensed revolver and a gun were found missing and were taken by the two accused. He shifted the deceased to District Headquarters Hospital Sheikhupura in injured condition where he died. Leaving the dead body he proceeded towards the police station, that on the way at Chowk Pir Bahar Shah Muhammad Sadiq S.I. (P.W.13) met him, and recorded his statement Exh.P.B, and sent it to the police station for registration of the case, Mumtaz Ahmad (P.W.6) recorded formal F.I.R. Exh.P.B/1 on the basis of statement Exh.P.B. The complainant further deposed that he identified the accused Abdul Ghafoor, Bashir Ahmad and Riasat Ali and the identification parade. He also identified his stolen revolver, gun and transistor Radio at the police station and obtained the same on Supurdari. He produced the licence of the gun P.4 and that of the revolver P.6. He admitted in the cross-examination that his house consists of four living rooms and ladies were also sleeping in the compound of the house on the cots arranged side by side. He admitted that the ladies of the house were the eye-witnesses of the occurrence. He further admitted that Muhammad Nawaz P.W. Had witnessed the occurrence whose name was not mentioned in the F.I.R. He admitted that name of Khadim P.W. Was also not mentioned in the F.I.R. He admitted that police reached the place of occurrence at 4/5 a.m., and that his statement was recorded at the place of occurrence. He could not say that Investigating Officer visited the hospital before going to the place of occurrence. He admitted that in his supplementary statement recorded on the same day, he stated that the licences were also taken by the culprits and that Muhammad Nawaz P.W. Chased the culprits. He admitted that he suspected Iftikhar alias Khari, Muhammad Younis, Sabir, Ayub and Liaqat who were arrested by the police during the investigation and were discharged later on. He admitted that investigation of the case was transferred to C.I.A. Police on his application and case was investigated by Shafqat Ali Dogar, S.I. (P.W.14). He admitted that he visited C.I.A. Staff after the arrest of the accused but denied that they were shown to him. He identified Abdul Ghafoor, Bashir and Amanat Ali in the first identification parade held after two months of the occurrence and identified Riasat Ali accused in second identification parade held after eleven months of the occurrence. He admitted that he did not give the description of the accused. He admitted that he had picked up one Azam in first identification parade. He had not mentioned the Radio in his statement Exh.P.B. Nor he could produce the proof of the ownership of the Radio. He had not seen the accused Bashir taking away his gun. He denied the suggestion that accused or their photographs were shown to him during investigation prior to the identification parade.
6. Muhammad Ashraf (P.W.3) stated that at the time of occurrence he had seen Abdul Ghafoor holding a gun and Riasat Ali having revolver. They were grappling with the deceased. Muhammad Ishaque and Mushtaq P.Ws. Also came there. Muhammad Ishque complainant challenged the culprits whereupon Riasat Ali accused fired with his pistol at the deceased Abdul Razzaq which hit him. The accused also fired two shots and fled away in the fields. He was informed by Muhammad Ishaque complainant that the culprits had taken away his gun, revolver and transister Radio.
Nawaz and Khadim P.Ws. Informed him that they had seen two other persons standing in the street armed with pistol and gun. The witness identified the dead body of the deceased at the time of post-mortem examination and witnessed the recovery memo. Exh.P.A. Vide which last worn clothes of the deceased shirt P.1 and Shalwar P.2 were taken into possession by the Investigating Officer. He had identified the accused Riasat Ali and Abdul Ghafoor in the identification parade. The witness admitted that deceased was his nephew. When .Cross-examined the witness admitted that he had not named Riasat Ali and Abdul Ghafoor in his statement under section 161, Cr.P.C. He denied the suggestion that accused persons were shown to him prior to the identification parade. He identified Abdul Ghafoor, Bashir and Amanat accused in the identification parade.
' Muhammad Nawaz (P.W.4) is the brother of the deceased. He deposed that on the day of occurrence he woke up on hearing of noise and rushed towards his house and had seen in the light of the electric bulb two persons standing. He did not know their names. He identified Bashir Ahmad and Amanat Ali in the Court also and in the identification parade. When cross-examined the witness admitted that Iftikhar alias Tedi son of Rehmat, Sabir alias Sabu son of Noor Muhammad, Younis Lohar son of Muhammad Hussain, Ayub son of Ali Muhammad Jat, Liaqat son of Khushi Masih, all residents of Muraday Kalan were arrested as suspects. After 40 days of the occurrence the witness was informed by the C.I.A. Staff that the culprit were arrested. He admitted that he and Muhammad Ishaque, Muhammad Ashraf and Khadim had been visiting C.I.A. Staff in connection with the investigation of the case. He admitted that he had visited District Jail, Sheikhupura in connection with the identification parade for about 2/3 times.
8. Asghar Ali (P.W.5) deposed about a proclamation made against Riasat Ali, accused, Mumtaz Ahmad (P.W.6) recorded formal F.I.R. He had received sealed parcel containing blood-stained earth which he kept in the Malkhana for safe custody and then handed over the same to Muhammad Siddique constable (P.W.7) for onward transmission to the office of Chemical Examiner, Lahore. The said constable redeposited the said parcel with him because the time as over and parcel was again kept in Malkhana. On 15-8-1992 he handed over the parcel to Muhammad Siddique (P.W.7) who transmitted the same in the office of Chemical Examiner, Lahore.
Rab Nawaz Shah (P.W.8) prepared the site plan Exh.P.C. On the direction of the Investigating Officer Muhammad Hayat (P.W.9) is witness to the recovery memo. Exh.P.D. And Exh.P.E. Vide which two band Radio P.5 from the residential house of Bashir Ahmad accused and rifle were taken into possession. The witnesses admitted his close relation with the complainant party. He stated that the house from which recovery was made was not locked and the family members of Bashir accused were present and that there were many other houses whose inmates had gathered but none of them witnessed the recovery.
9. Muhammad Ashiq (P.W.10) deposed about having witnessed the recovery memo Exh.P.F of 12 bore gun and four cartridges from the house of Abdul Ghafoor, and about recovery Exh.P.G. Pistol P.3 alongwith eight bullets P.6/1-8 from the house of Amanat Ali. He admitted that the complainant and the deceased are his nephews. The witness admitted that nobody from the public was associated with the recovery and that it was made 20/25 days after the arrest of the accused. He is neither Lumbardar nor member of local council. He admitted that family members of the accused were living in the house.
10. Dr. Khalid Mahmood (P.W.11) conducted post-mortem examination on the dead body of the deceased on 9-8-1992 at 11.30 a.m. He found the following:-- "A punctured wound 0.6 c.m. x 0.6 c.m. Oval in shape with inverted margin. The injury was blackened in his central parts and it was on the just front left of neck in the middle. It damaged skin, fascia, trachea, oesophagus and crushed blood vessels and then entered in right lung, passed through and through. Then it entered in third rib in the back side and lodged near scapula right side. A bullet was recovered, signed sealed and handed over to the police.
' In his opinion the injury was antemortem and was caused with fire arm weapon. The death was occurred due to cardiorespiratory failure and the injury was sufficient to cause the death of a person in an ordinary course of nature. The probable time that elapsed between injury and death was immediate and between the death and post-mortem within 24 hours. He handed over the sealed phial and last worn clothes of the deceased to Riaz Ali constable. He proved his report Exh.P.H./1.
11. Nazir Hussain (P.W.12) witnessed the recovery memo. Exh.P.K. Vide which the blood-stained earth, one Sandawa, P.7. One knife P.8 and one lock P.9. From the spot taken into possession.
12. Muhammad Sadiq S.I. (P.W.13) and Shafqart Ali S.I. (P.W.14) deposed about the investigation conducted, by them. Muhammad Sadiq S.I. Admitted that Muhammad Anwar Inspector/S.H.O.
Arrived at the spot and took the investigation from him. The witness admitted that the complainant had not disclosed to him the colour or the vests and underwear worn by the accused and that he did not record the F.I.R. Number in the inquest report. Shafqat Ali S.I. (P.W.14) stated that the complainant identified the revolver and Radio on 21-10-1992 in presence of Khadim Hussain and Muhammad Nawaz P.Ws. And that gun 12 bore recovered on 23-6-1993 by digging out the same from the bank of canal within the area of Police Station Bhikhi were identified by him on 26-6-1993.
Shafqat Ali Investigating Officer admitted in the cross-examination that Riasat Ali accused was already a proclaimed offender in a murder case of Police Station Mandi Faizabad. He admitted as correct that in the application for judicial remand of accused Bashir and Amanat Ali and in the application for their identification he recorded that they were directed to muffle their faces and the remand was granted till 3-10-1992. He denied the suggestion that they were shown to the P.Ws.
Prior to sending them to judicial lock-up. The witness admitted that nobody from the locality was asked to witness the recoveries. The witness admitted that gun recovered at the instance of Abdul Ghafoor accused did not relate to the occurrence. He denied the suggestion that case was fabricated against the accused at the instance of Muhammad Boota Chairman who was a political rival of Khalid Mehmood Virk.
13. Saeed Ahmad (P.W.15) deposed that on 23-6-1993 the complainant produced licence of his gun P.17 to the police which was taken into possession vide recovery memo. Exh.P.R. He and Ghulam Hassan witnessed the recovery memo.
14. Syed Najam-ul-Hassan Naqvi, M.I.C. (P.W.16) deposed about the identification parade of the accused and proved the report bearing certificate Exh.P.T. The witness admitted in the cross- examination that he had been granting judicial remand to the different persons and Abdul Ghafoor accused was also produced before him for grant of remand and request for . Identification parade of Abdul Ghafoor was made on 15-9-1992. He admitted that in the order, dated 15-9-1992 he did not record that accused had muffled their faces. He admitted that all the three accused objected that their photographs were taken in the police station. He further admitted that the witnesses had picked up some other persons also as an accused.
15. Muhammad Anwar (P.W.17) had taken into possession the last worn clothes of the deceased produced to him by Riaz constable vide recovery memo. Exh.P.A. The witness admitted in the cross- examination that he had arrested certain persons as suspects and that on 11-8-1992 the complainant told him that he suspected Akram alias Akku, Ayub son of Ali Muhammad, Iftikhar alias Khari, Nishan son of Manzoor, Sabir alias Sabu, Muhammad Younas son of Muhammad Hussain and Liaqat son of Khushi Masih etc. The witness admitted that the complainant had in very clear words stated before him that the persons who had fired was Iftikhar alias Khari. He admitted that Muhammad Boota, Chairman and Muhammad Khalid, Chairman had been joining the investigation throughout.
16. Mr. Tahir Ahmad Sindhu, M.I.C. (P.W.18) supervised the identification parade on 8-6-1993 wherein Muhammad Ishaque, Muhammad Ashraf and Mushtaq P.Ws. Had identified Riasat Ali accused. He proved his report Exh.P.V. The witness admitted in the cross-examination that Riasat Ali accused raised an objection before him that he was shown to the P.Ws. In police station and on the day when he was sent to judicial lock-up.
17. The accused in their statements under section 342, Cr.P.C. Denied all the incriminating circumstances put to them and stated that they were falsely implicated due to party faction and enmity. All of them stated that they were apprehended by the police after few days of the occurrence and kept in the police station in illegal confinement during which period they were shown to the P.Ws. And that recoveries were planted. They neither produced any evidence in defence nor appeared as witnesses on Oath.
18. We have heard Mr. Zia-ud-Din Khan, Advocate, for the appellants in Criminal Appeal No,156-L of 1997, Mr. Saleem Shad, Advocate for the appellant in Criminal Appeal No,157-L of 1997, Mr. Farukh Hamayoon, Advocate, for the State and Mr. Muhammad Taqi Khan, Advocate, in Criminal Revision No,36-L of 1997 and with their assistance have perused the evidence on record. We are of the view that prosecution has not been able to prove the charge against the accused under section 257/382/302(2)/109, P.P.C. Beyond doubt as required by law. However, the charge under section 411, P.P.C. Against Bashir and Amanat Ali was proved. Muhammad Ishaque complainant (P.W.2) in his statement, Exh.P.N which formed the basis of F.I.R. Exh.P.B/1 had charged two unknown persons for house trespass, theft and for murder of his brother, Abdul Razzaq deceased. In the supplementary statement Exh.D.A. He introduced two other persons as culprits who were standing outside the house. He himself had not been those two person. Their names Bashir and Amanat Ali were disclosed to him by Khadim and Nawaz. Khadim has not appeared as witness. Muhammad Nawaz claimed to have seen them in the light of electric bulb. The complainant did not mention the electric bulb in his statement Exh.P.B. Introduction of electric bulb in the supplementary statement is an improvement, making the statement doubtful. Muhammad Ishaque admitted in the cross- examination that Iftikhar alias Khari, Muhammad Younas, Sabir, Ayub and Liaqat residents of Baddo Muraday, were arrested as suspect. The accused might have also been arrested as suspects, therefore, necessity arose for their identification by the P. Ws. Identification parade was held on 10-10-1992 and 8-6-1993 under the supervisions of Syed Najam-ul-Hassan Naqvi (P.W.16) and Tahir Ahmad Sindhu (P.W.18). In the first identification parade Muhammad Ishaque identified Ghafoor and Bashir. He could not identify Amanat Ali accused. Muhammad Ashraf (P.W.3) identified Abdul Ghafoor but could not identify Bashir Ahmad and Amanat Ali. Mushtaq identified Abdul Ghafoor. He could not identify Amanat Ali and Bashir. Muhammad Nawaz (P.W.4) identified Bashir Ahmad and Amanat Ali and could not identify Abdul Ghafoor. Khadim Hussain identified Bashir and Amanat Ali. Mushtaq and Khadim Hussain P.Ws. Were not produced as witnesses. In the first identification parade Muhammad Ishaque complainant had identified one Azam also as an accused. Syed Najam-ul-Hassan Naqvi (P.W.16) admitted that all the three accused had objected that they were shown to the complainant party in the police station and that witnesses had picked up some other persons as well as an accused. Mr. Tahir Ahmad Sindhu M.I.C. (P.W.18) admitted that Riasat Ali accused raised objection before him that he was shown to P.Ws. On the day when he was sent to judicial lock-up. Be that as it may we find that neither during identification parade nor the trial the witnesses ascribed the role played by each one of the accused in the crime. In Khadim Hussain v. The State 1985 SCM R 721, it is held:-- ' "It is, therefore, clear that the proceedings of the identification parade where the appellants were picked up without describing the roles played by them in the crime suffer from illegality and infirmity rendering it completely unreliable having no evidentiary value."
In view of the above we find that the evidence of identification in the present case wherein the P.Ws. Have given no role to the accused is of no evidentiary value and is not reliable. Hence it is discarded. Learned counsel for the complainant cited the case of Munir Ahmed and another v. The State, 1998 SCM R 752, wherein it is held that when the prosecution witnesses had the opportunity of seeing the culprits several times or where the abductee remained with the accused abductors during the captivity and had clearly seen their faces holding of the identification parade was not a mandatory requirement.We agree to the proposition laid down in the cited case but the fact is that it is not applicable to the facts of the present case. The evidence of recoveries is also of no help to the prosecution.
' It is alleged that 12 bore gun No,1325 was recovered from Riasat Ali accused vide memo. Exh.P.Q.
The gun was identified by the complainant and memo Exh.P.R was prepared to that effect.
Recovery memo Exh.P.Q. Was witnessed by Ijaz Ahmad H.C. And Imam Bakhsh H.C. None of these two witnesses were produced at the trial to prove the recovery of gun at the instance of Riast Ali accused. This memo is, therefore, not legally proved. Identification memo. Exh.P.R. Is witnessed by Ghulam Hassan and Saeed Ahmad. Saeed Ahmed appeared as (P.W.15) who instead of saying that gun was identified by the complainant deposed quite differently. He stated that the complainant produced licence of his gun which was taken into possession vide recovery memo. Exh.P.R. From this evidence it cannot be said with certainity that gun 12 bore stolen from the house of complainant was recovered from Riasat Ali accused or it was identified by him as his property. The other gun recovered at the instance of Abdul Ghafoor did not relate to the present occurrence as admitted by Shafqat Ali Investigating Officer. The revolver and transistor Radio identified by the complainant in the police station were recovered from Bashir and Amanat Ali, vide memo. Exh.P.D, Exh.P.G. One of the attesting witness Muhammad Ashiq (P.W.10) proved the recoveries from Bashir and Amanat Ali. Since these two accused were found in possession of stolen article, therefore, the charge under section 411, P.P.C. Was proved against them.
20. For the foregoing reasons, we accept the appeal of Riasat Ali and Abdul Ghafoor, set aside their conviction and sentences and acquit them. Appeal filed by accused Bashir and Amanat Ali, partially succeeds. Their convictions and sentences under section 382/109, P.P.C. Is set aside and they are acquitted of that charge. However, their conviction and sentences under section 411, P.P.C.
Is maintained. Riasat Ali and Abdul Ghafoor are ordered to be released forthwith if not required in any other case.
' Criminal Revision No,36-L of 1997 is dismissed. Murder reference is not confirmed.