JUDGMENT BASHIR A. MUJAHID, J.- Muhammad Altaf alias Tedi son of Sher Khan, Khalid Mahmood son of Ahmad Khan Munir Ahmad son of Muhammad Bashir, Muhammad Azmat son of Khuda Bakhsh, Muhammad Raftque son of Noor. Ellahi, Javed Sultan son of Ghulam Abbas, Ikram Hussan son of Sher Khan and Iqbal alias Bala son of Muhammad Ajaib, appellants, alongwith Muhammad Akram and Muhammad Tariq (in absentia)land acquitted co-accused Painda Khan were tried by Judge Special Court under Suppression of Terrorist Activities, Rawalpindi, under Section 302/307/34, PPC for commission of murder of Sajjad Hussan Shah, Manzoor Hussan, Haji Mirza Khan, Subedar Major Fazal Elahi, Liaqat Ali and Fazal Dad and causing murderous assault on Sabir Hussan, Muhammad Elahi, Khidmat Ali, Fazal Dad and were convicted vide the impugned judgment dated 27.5.1991 and sentenced to death under Section 302/34, PPC on each count with tine of Rs. 50,000/- each in default of payment of fine to undergo two years R.I. Each. They were further ordered to pay compensation of Rs.50,000/- to the legal heirs of each of the deceased in default thereof to undergo six months R.I.
Each. They' were further sentenced to 10 years' R.I. Each under Section 3Q7/34, PPC and fine of Rs.
10,000/- in default thereof three months' R.I. Each. They were further ordered to pay Rs.5000/- each as a compensation to the injured during the occurrence, or in default to undergo 3 months' R.I.
Each.
2. Crl. Appeal No. 86/91 has been tiled by abovesaid eight appellants, while Crl. Appeal No. 15/91 has been tiled by Muhammad Akram and Muhammad Tariq. Crl. Revision No. 161/91 has been tiled by the complainant against the acquittal of Painda Khan. All these connected matters are being decided by this single judgment.
3. FIR No. 91, dated 19.5.1990 Ex.PUU/1 was registered at P.S. Chua Saidan Shah, District Chakwal on the statement Ex.PUU pf Haji Muhammad Elahi PW21 recorded by Muhammad Sibtain Shah, SI PW- 27 on 19.5.1990 at the spot, alleging therein that the complainant was resident of Mauza Arr. On 19.5.1990 at about 10.00 a.m. In a case u/S. 307, PPC against Muhammad Akram, Muhammad Afzal sons of Khuda Bakhsh, Painday Khan s/o Mureed Khan residents of the village which was fixed for h earing before the Court of Senior Civil Judge, Chakwal; the complainant alongwith Haji Mirza Khan s/o Bahadur Khan, Sabir Hussan s/o Muhammad Afzal, Fazal Dad s/o Baz Khan, Manzoor Hussan son of Muhammad Khan, Subedar Major Fazal Elahi s/o Noor Elahi, Liaqat Ali, Khidmat Ali sons of Khairat Ali, Haji Noor Elahi s/o Fateh Mehdi, Fazal Muhammad s/o Faiz, Habib Khan son of Chaudhry Khan, Imtiaz Hussan son of Muhammad Khan and Muhammad Iqbal son of Khan Bahadur, in order to attend the hearing started for Chakwal from the village on Suzuki No. LHN-1038 which was driven by Sajjad Hussan son of Altaf Hussan Shah. Manzoor Hussan Shah and Sabir Hussan Shah sat at the front seat with the driver while the other boarded in the rear of the vehicle at about 6.40 a.m., when they reached on metalled link road Dthatha Kot Chowk, accused namely, Muhammad Akram son of Khuda Bakhsh armed with kalashnikov, Muhammad Tariq son of Muhammad Khan, Muhammad Rafiq son of Noor Ellahi, Muhammad Javed son of Ghulam Abbas, Muhammad Iqbal son of Muhammad Ajaib, armed with 7mm rifle, Ikram Hussan, Muhammad Altaf alias Tedi sons of Sher Khan, Muhammad Sher son of Muhammad Bashir, Muhammad Azmat son of Khuda Bakhsh armed with .12 bore, Khalid Mahmood son of Ahmad Khan, armed with .32 bore revolver, who were sitting in ambush suddenly came-up in front of the vehicle. Muhammad Akram raised lalkara that they will take revenge for murder of his maternal uncle Muhammad Bashir. Muhammad Akram fired burst shot from his kalashnikov hitting face, chest, abdomen and legs of Sajjad Hussan Shah which, also hit at Manzoor Hussan on his head, neck, abdomen and left arm. Injuries were also received by Sabir Hussan at his left arm ribs and both the'legs. Sajjad Hussan and Manzoor Hussan succumbed to the injuries while Sabir Hussan was seriously injured. The vehicle went out of control and plunged into the mud at some distance on the western side of the road. The complainant, Muhammad Iqbal, Fazal Muhammad, Khidmat Ali, Noor Elahi, Fazal Dad, Imtiaz Hussan, Habib Khan jumped out of Suzuki while Haji Mirza Khan, Subedar Major Fazal Elahi and Liaqat Ali kept sitting inside. Muhammad Tariq fired two shots from his rifle hitting Mirza Khan on his head and left side of his chest; Muhammad Altaf alias Tedi fired shots with his 12 bore gun also hitting left arm of Mirza Khan, Muhammad Iqbal and Muhammad Afzal, accused fired one shot each hitting Fazal Elahi on his chest and abdomen. Muhammad Tariq. Accused again fired at Fazal Elahi hitting him on left side of his chest. Ikram Hussan fired with his gun 12 bore hitting Fazal Elahi on his fore-head and left thigh. Muhammad Munir, accused fired with his gun at Fazal Elahi hitting at his abdomen.
Muhammad Javed.Fired with his rifle hitting Liaqat Ali on his buttock. Munir fired second shot on Liaqat Ali hitting on his testicles and inner side of his right thigh. Muhammad Azmat fired with his 12 bore gun on Liaqat Ali hitting on his left shin and on left thigh. Khalid Mahmood fired with his revolver two shots on Liaqat Ali hitting on his,face and left shin. Haji Mirza Khan, Fazal Elahi and Liaqat Ali also succumbed to the injuries inside the vehicle. Muhammad Altaf alias Tedi fired shots on the complainant hitting at his right jaw and right shin. Muhammad Iqbal Barber fired at Khidmat Ali with his rifle hitting him under his left arm pit. Ikram fired with his gun at Habib Khan hitting on his flank and hips. Muhammad Tariq and Muhammad Munir accused fired with their rifle. And gun at Fazal Muhammad hitting on his left side, right thumb, Palm of right hand and on right ear.
Muhammad Rafiq and Muhammad Javed, accused also fired one shot each hitting Imtiaz Hussan at his fore-head on his wrist, right hand. Muhammad Azmat fired two shots with his 12 bore gun on Noor Elahi hitting him on his right flank. Khalid Mahmood again fired two shots hitting Noor Elahi on his right chest Muhammad Tariq fired with his rifle at Fazal Dad hitting him on his right side of his head. Ikram Hussan also fired one shot at Fazal Dad hitting on his right side of his head.
Muhammad' Akram continued firing from his kalashnikov and raising lalkara to avoid and to create terror for others. Muhammad Iqbal, PW raised hue and Cry by standing on Tekri nearby .
4. The alleged motive was that the accused in order to take revenge of murder of Karam Elahi on 12.10.1988 from Muhammad Khan and Mirza Khan who had murdered Muhammad Bashir maternal uncle of Muhammad Ikram on 19.2.1989. The present offence was committed on the instigation and with consultation of Painda Khan paternal uncle of Muhammad Ikramy accused.
5. Muhammad Sibtain PW27 on 1.9.5.1990 after receipt of the information of present occurrence arrived at the spot and recorded the statement of injured Muhammad Elahi, PW21 Ex.PUU and sent the same tor registration of case. Thereafter, he prepared the injury statements of injured Muhammad Elahi, Haji Noor Elahi, Fazal Dad, Habib Khan, Sabir Hussan Shah, Imtiaz Hussan, Khidmat Ali and Fazal Muhammad' rate memo. Ex.PXXX, PX, PY, PW, PR, PV, PU and PT respectively and got these injured medically examined through Dr. Mukhtar Ahmad, PW2. Thereafter he prepared the injury statement of deceased Haji Mirza Khan vide memo. Ex.PMM, his inquest report Ex.PMN; injury statement of Subedar Major Fazal Elahi, Ex.PJJ and inquest report Ex.PKK; injury statement of Sajjad Hussan Shah Driver Ex.PFF and inquest report Ex.PGG; injury statement of Manzoor Hussan Ex.PCC and inquest report Ex.PDD; injury statement of Liaqat Ali *Ex.PZZ and; inquest report Ex. PA A, and despatched the dead-bodies for their post-mortem examination which was conducted by Dr. Asghar Hameed, PW1 Dr. Mukhtar Ahmad, PW2, Dr. Zahid-ul-Hassan, PW3 and Ch. Muhammad Javed Anjum PW4. The number of injuries received by the deceased were as follows:- Liaquat Ali 8 injuries, out of these Nos. 1, 4, 8 were fatal.
Manzoor Hussan 15 injuries out of these Nos. 1, 9, 11, 15 were fatal.
Sajjad Hussan Shah 8 injuries, out of these Nos. 1, 4, 8 were fatal Subedar Major Noor Elahi 9 injuries, out of these Nos. 1, 3, 7 were fatal.- Haji Mirza Khan 4 injuries, out of these No. 1, 5 were fatal.
Fazal Dad . 3 injuries, out of these Nos. 2, 3 were fatal.
Muhammad Sibtain, PW27 also took into possession the blood-stained earth from the place of occurrence vide memo. Ex.PRRR,-77 empties of 12 bore gun, 29 of 7MM rifle, 15 of kalashnikov, 12 of revolver 32-bore, which were taken into possession vide memo. Ex.PSSS. He also took into possession Suzuki LHN-1038 and blood-stained Tarpaal P43 vide memo. Ex.PTTT. On 21.5.1990, Fazal Dad injured expired in DHQ Hospital, Rawalpindi whose post-mortem examination was conducted by Dr. Ch.' Muhammad Javed Anjum. On 3.6.1990, Muhammad Rafiq, accused was arrested by Raja Akhtaf Hussan PW28 while Jkram Hussan and Iqbal were also arrested by him on 5.6.1990. Ikram accused was arrested on 1.9.1990 and Muhammad Iqbal was arrested on 9.10.1990 by Fida Hussan Shah P,W29. Muhammad Azmat while in police custody got recovered 12 bore gun which was taken into possession vide memo. Ex.PBBB. Khalid