' SYED DEEDAR HUSSAIN SHAH, J.---This appeal by leave of the Court is directed against the judgment of the Lahore High Court, Lahore, dated 22-11-1999, passed in Criminal Appeal No,772 of 1999.
2. Briefly stated the facts of the case are that on 20-5-1996, at about 7-30 p.m. Five persons boarding in Car No,5514-LDG, which was driven by Habib Ullah accused, the appellant Fayyaz Hussain Shah was seated in front seat, while the remaining three accused, namely, Rafi Ullah, Muhammad Zaman (since dead) and Aamer Abbas accused (since proclaimed, offender) occupied the rear seats of the car, came in the- clinic of Hakeem Yar Muhammad deceased, which was parked within the compound wail of his clinic, facing towards the main gate. Aamer Abbas took the deceased near the car on the pretext to check a heart patient, and on reaching near the car, Aamer Abbas tried to push the deceased in the car and the accused who were present in the car tried to pull the deceased inside the car. During this struggle Habibur Rehman and Attaur Rehman P. Ws. Also reached near the car and tried to rescue their father. In the meantime, Rafiullah accused (since dead) got down from the back seat of the car and fired with his klashnikov at the deceased, while Aamer Abbas caused injuries to Attaur Rehman P.W. Thereafter, the accused persons ran away from the place of incident. The complainant reported the matter to the police.
' After registration of F.I.R. Exh.P.B Naveed Murtaza Cheema, S.-I. Reached the spot and took into possession the blood-stained earth from the place of murder of Hakeem Yar Muhammad. He also took into possession the blood-stained earth from the place where Attaur Rehman P.W. Was injured. The Investigating Officer collected 7 empties of klashnikov. He also took into possession 4 empties allegedly fired by Aamer Abbas accused with his klashnikov.
3. After completion' of the investigation, the police submitted challan in the Court. The prosecution in order to prove its case examined 13 witnesses.
4. The learned trial Court vide judgment dated 7-8-1994 convicted Fayyaz Hussain Shah appellant and Habibullah co-accused and sentenced them as under:-- "(i) They were sentenced to three years' R.I. Each with a fine of Rs,3,000 each under section 148, P.P.C., in default to further undergo one month R.I. Each.
(ii) They were also sentenced to undergo life imprisonment each with a fine of Rs,50,000 each or in default to further undergo five years' R.I. Each under sections 302/149, P.P.C. Read with section 7 of A.T.A., 1997.
(iii) They were also convicted under sections 324/149, P.P.C. And sentenced to undergo 10 years' R.I.
Each with a fine of Rs,10,000 each or in default to further undergo three months' R.I. Each."
5. The accused filed Criminal Appeal No,772 of 1999 in the Lahore High Court, Lahore. The learned Single Judge of the High Court, vide judgment dated 22-11-1999, dismissed their appeal maintaining the conviction and sentences awarded by the trial Court.
6. Learned counsel for the appellant, inter alia, contended that the appellant has been falsely implicated in the case; that the appellant was not named in the F.I.R. And no specific role was attributed to him, the eyewitnesses are close relatives of the deceased and their conduct at the spot is most unnatural and improbable. Further contends that the prosecution has failed to prove its case against the appellant.
7. On the other hand Mr. Dil Muhammad Tarar supported the impugned judgment stating that the same may be maintained.
8. We have heard learned counsel for the parties and minutely gone through material available on record. Out of 13 witnesses examined by the prosecution, Attaur Rehman injured P.W.10, Abdur Rehman P.W.7, and Habibur Rehman P.W.8 are the eye-witnesses. Habibur Rehman complainant, son of the deceased, had not named the appellant and co-accused in the F.I.R., but while giving .Evidence before the trial Court he implicated the appellant as well as the co-accused and was confronted with the F.I.R. Exh.P.B. Similar is the statement of Abdur Rehman P,W.7. Unfortunately, he was not mentioned as eye-witness in the F.I.R. The learned High Court rightly discarded the evidence of Abdur Rehman P.W.7 and Habibur Rehman P.W.8. Attaur Rehman injured implicated the appellant and co-accused Habibullah in the evidence, which has gone unchallenged. It has been time and again observed that the Courts have to see the quality of the evidence and not the quantity. There was no reason to disbelieve the statement of Attaur Rehman P.W.10. His evidence is natural, trustworthy and of unimpeachable character, which has rightly been believed by the High Court. Record further reveals that Car No,5314/IDG was also got recovered from Habibullah co- accused, and the same was mentioned by the injured P.W. In his statement within shortest time of 5/6 hours after the incident. The defence was not able to prove any ill will, grudge or malice with this witness. Fayyaz Hussain Shah appellant also reached at the place of occurrence in the same car, which was driven by Habibullah co-accused. The ingredients of section 34, P.P.C. Are fully attracted in the present case. The appellant and Habibullah co-accused have facilitated the murder, of the deceased.
9. We do not find any legal infirmity in the impugned judgment, which is based on the proper appraisal of the evidence and the principles laid down by the superior Courts for safe administration of criminal justice. Resultantly, this appeal being devoid of force, is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.