' KHAWAJA MUHAMMAD SHARIF, J.--- This judgment will dispose of Criminal Appeal No,106 of 1999 filed by Muhammad Aslam appellant and Criminal Appeal No,123 of 1999 filed by Muhammad Shakeel appellant which were directed against the judgment, dated 28-1-1999 passed by Special Judge, Special Court of Anti-Terrorism, Faisalabad Division, Faisalabad, whereby both the appellants were convicted and sentenced as under:--
(1) Under section 458, P.P.C. Both the appellants were convicted and sentenced to undergo 14 years'
R.I. With a fine of Rs,50,000 in default to further undergo R.I. For three years.
(2) Under section 397, P.P.C. They were convicted and sentenced to undergo R.I. For 7 years.
(3) Under section 302/34, P.P.C. Both the appellants were convicted and sentenced to death each on two counts for committing Qatl-eAmad of Muhammad Anwar and Muhammad Saeed deceased with a fine of Rs,1,00,000 for two counts which was ordered to be paid to the legal heirs of the deceased equally as compensation.
(4) Under section 7 of Anti-Terrorism Act, 1997, both the appellants were convicted and sentenced to death each for two counts and to pay a fine of Rs,1,00,000 for two counts and in default to undergo six years each.
' All the sentences were ordered to run concurrently and benefit of section 382-B, Cr.P.C. Was awarded to them.
2. The facts in brief as narrated by the complainant are that on 25-7-1998 he asked Abdul Rauf son of Abdul Ghani and Riaz-ul-Haq son of Noor Muhammad to sleep outside his house and he himself slept alongwith his family members in the courtyard of his house after locking the doors of his house. The electricity bulb was on. At about 1-00 a.m. a person awoke him up by placing handle of pistol under his chin. He caught hold of him by his Greban and asked him to hand over the keys. He saw three persons two of them were armed with pistols while one of them was armed with Khanjar present near him. They warned him to keep quiet otherwise he would be done to death. Instead of this he started hue and cry due to which his wife Mst. Munawar Bibi and children also awoke. His wife Mst. Munawar Bibi also raised alarm and stepped forward towards the door on which the person who was armed with Khanjar gave Khanjar blow which hit at the right side of her chest and she fell down. All the three accused fled away through the Baithak. The complainant alongwith Abdul Rauf and Riaz-ul-Haq took his wife to Allied Hospital. After some time of their arrival at the Hospital two other persons namely Muhammad Saeed and Muhammad Anwar were also brought to the Hospital. They told them that the culprits while running from their house also injured both of them. One of the said injured person had died after reaching the Hospital.
3. The Investigating Officer after registration of case inspected the spot and took blood-stained earth vide memo. Exh.P.N. Blood-stained clothes Exh.P.L. During the investigation conducted by Muhammad Sarwar, S.-I. On 23-8-1998 on the pointation of an informer, Muhammad Aslam accused was arrested and on his personal search a pistol P.7 and 4 live bullets P.8/1-4 were recovered which were taken into possession vide memo. Exh.P.O. He also prepared the site plan of the place of recovery which is Exh.P.O./1. On 28-8-1998 he arrested Muhammad Shakeel appellant/accused and recovered pistol .30 bore P.9 from him on his personal search alongwith 4 live bullets P.10/1-4 and these were taken into possession vide recovery memo. Exh.P.Q. A site plan of place of recovery vide memo. Exh.P.Q./1. As both the pistols were unlicensed a separate case under sections 13/20/65, Arms Ordinance was also got registered against them. There are also reports of Chemical Examiners Exh.P.W., Exh.P.K., Exh.P.Y. And that of Serologist i.e, Exh .P.Z , Exh .P. AA .
And Exh. P . BB .
4. It may also be mentioned here that one of the co-accused of the appellants was also killed at the spot and Dagger Exh.P.M. Was also took into possession from near his dead body.
5. The prosecution in order to prove its case has produced as many as 18 witnesses including eye- witnesses and Doctors.
6. Learned counsel for the appellants submit that it was a night occurrence and no identification parade had held in this case. According to the prosecution two persons were armed with pistols but there is no fire-arm injury either on the person of two deceased persons or on the person of injured P.W., that no overt act is attributed to the present appellants, that no identification parade was held in this case, that all the eye-witnesses produced by the prosecution are closely related with each other.
7. On the other hand learned A.A.-G. Is not in a position to contradict/rebut the submissions made by the learned counsel for the appellants.
8. We have heard the learned counsel for the parties. In the instant case there were two deceased persons namely, Muhammad Anwar and Muhammad Saeed. Muhammad Sarwar P.W.13 is real brother of Muhammad Anwar deceased and is also uncle of Muhammad Saeed deceased Sabir Hussain P.W.8 is husband of Mst. Munawar Bibi alias Khurshid Munawar injured P.W.10 while Abdul Rauf P.W.11 is first cousin of Mst. Munawar Bibi alias Khurshid Munawar. No identification parade was held in this case. Both the deceased and injured P.W. Had received sharp-edged injuries on their person which are one in number on each person. According to the prosecution appellants were armed with pistols but there is no fire-arm injury either on the deceased person or on the person of Munawar Bibi alias Khurshid Munawar injured P.W. There is no corroborative evidence against the appellants.
9. In our view there is no evidence on the record which connects the present appellants with the present occurrence. Even otherwise learned A.A.-G. Is not in a position to reply the submissions made by the learned counsel for the appellants and in fact in a half heartedly manner he has conceded the submissions made by the learned counsel for the appellants.
10. The upshot of the above discussion is that these appeals are accepted, conviction and sentence awarded to them is set aside. Murder Reference is replied in the negative. The appellants are ordered to be released forthwith if they are not required in any other case.
' Death sentence awarded to the appellants is not confirmed.