Full Judgment Text & Judicial Ruling

2002 P Cr

2002 P Cr. L J 1432

[Lahore]

Before Ali Nawaz Chowhan and Rustam Ali Malik, JJ

AMJAD IQBAL and 15 others‑‑‑Appellants

versus

THE STATE‑‑‑Respondent

Criminal Appeal No.868 of 1998, Criminal Revision No.408 of 1998 and Murder Reference No. 108/T of 1999, decided on 6th June, 2002.

(a) Criminal Procedure Code (V of 1898)‑‑‑

‑‑‑‑S. 154‑‑First Information Report ‑‑‑Nature‑‑‑F.I.R. is the first information about the happening of the crime‑‑‑Whether facts narrated in the F.1.R. are true or not, is a question which has always to be considered by the Court at the time of exercising its adjudicatory powers‑‑‑If an F. I. R. is disowned on good grounds then it may just be regarded as a first information of the occurrence but not a report of facts about it and facts may be gathered from the witnesses who appear in a Court with scant regard to the facts narrated in the impugned text of the First Information Report.

Ghulam Muhammad alias Gulla and others v. The State PLD 1969 ah. 114 ref..

(b) Penal Code (XLV of 1868)‑‑‑

‑‑‑‑Ss. 302(b)‑Appreciation of evidence‑‑‑Where versions of the parties are not fully truthful and are not helpful for purposes of just adjudication, the Court has to fall back on its own wisdom, experience and has to draw its own inference based on the hypothesis which appears cogent, sensible, coherent, truthful artA compatible with the facts borne on record.

Syed Ali Bepari v. Nibaran Mollah and others PLD 1962 SC 502; Ahmad Khan v. Nazeer Ahmad and others 1999 SCMR 803; Muhammad Yousaf v. The State 1994 SCMR 1733 and Shamshad v. The State PLD 1963 SC 740 ref.

Khawaja Sultan Ahmad assisted by Muhammad Asif Ranjha and Sher Afghan for Appellant.

Muhammad Aslam Malik with S. M. Masood Mirza for the State.

Ijaz Hussain Batalvi assisted by Akhtar Ali Qureshi ,for lhef Complainant.

Dates, of hearing: 30th May and 3rd June, 2002.

JUDGMENT

ALI NAWAZ CHOWHAN, J.‑‑‑ This judgment shall dispose of Criminal Appeal No.868 of 1999, Criminal Revision No.448 of 1998 and Murder Reference No. 108/T of 1999.

2. The matter pertains to case F.I.R. No.141, dated 8‑5‑1996 registered at Police Station Kunjah, District Gujrat, under sections 302, 324, 449, 109, 148 and 149, P.P.C.

3. These matters arise on account of judgment, dated 24‑9‑1998 handed down by Ch. Muhammad Shafique, Judge Special Court No.II, Anti‑Terrorism Act, 1997, Gujranwala Division, Gujranwala. Whereby, he convicted all the appellants under section 302, P.P.C. read with section 149, P.P.C. and sentenced them to death. He also sentenced them to pay compensation amounting to Rs.1,00,000 each or in lieu thereof, to suffer further six months simple imprisonment. The case of accused Munawar Butt, Nasir Butt and Muhammad Akram (not appellants before this Court) was separated as they were declared as proclaimed offenders. All the appellants were also convicted under section 449, P.P.C. for the trespass for the commission of murders and were sentenced to further imprisonment for ten years R.I. each and to a fine of Rs.25,000 each and in case of default they were to undergo rigorous imprisonment for one year each. It further transpired that two of the accused named Sharafrat Lohar and Nasir Moosia had been killed in a police encounter.

Whereas, Munir accused was acquitted of the charge and there is no appeal against his acquittal.

4. The massacre of nine persons including children took place in Dera Bhakoke, Mangowal Gharbi, Police Station Kunjah, District Gujrat, on the night between 7/8‑5‑1996. This was a family of Sarwar, the elder brother of Muhammad Anwar complainant (P.W.10) who at the relevant time were sleeping alongwith Ghulam Qadir deceased, a guest in their Haveli.

5. The complainant lived towards the south of the place of occurrence and both the houses share a common wall dividing their compounds. Muhammad Khan, an uncle of theirs, also lived towards the south and has a common wall with the complainant.

6. The accused, according to Muhammad Anwar, are inter‑related and this relationship has come in his testimony. However, Gulzar Ahmad is stated to be a gunman of the two accused Amjad Butt and Munawar Butt, while Ghulam Hussain and the acquitted accused Munir are the drivers of the said accused Amjad Butt and Munawar Butt, whereas, Fiaz Ahmad and Azam their bodyguards.

7. Allegedly the occurrence was reported by Anwar through his statement (Exh.P.O.), on the basis of which the F.I.R. was recorded. However, this F.I.R. was assailed within about 17 days through a writ petition before the Lahore High Court with the allegation that its text had been fabricated after obtaining the signatures of Muhammad Anwar complainant on a blank piece of paper.

8. The controversy became the subject‑matter of Writ Petition No.8015 of 1996 and the Honourable the Chief Justice of the relevant time ordered the transfer of the investigation to Mr. Ghulam Muhammad Kalyar, S.P., Crimes Branch at Lahore, against a list furnished by the I.‑G. Police and who was directed to constitute his own team officers for purposes of investigation.

9. Later, one of the accused Amjad Butt filed another Writ Petition No.8636 of 1996 and one finds the following observations in the order, dated 30‑5‑1996 of the Honourable the then Chief Justice:‑‑

"The investigation as per agreement of the parties is to be now conducted by Mr. Ghulam Muhammad Kalyar, S.S.P., Crimes Branch, Punjab, Lahore, who will select his own team and hold the investigation after recording the statement of the complainant. "

10. One also finds another order in Writ Petition No.8015 of 1996 while dealing with C.M. No.1703 of 1996 filed by Amjad Iqbal Butt accused asking for modification of the order dated 30‑5‑1996, whereby the petition was dismissed.

11. Muhammad Anwar, the complainant while attributing mala fides to Muhammad Younas Butt, Inspector, before whom the statement (Exh.P.O.) is said to have been recorded, adopted his statement under section 161, Cr.P.C. recorded by Mr. Ghulam Muhammad Kalyar on 2‑6‑1996 and in his testimony while appearing as P.W.10 before the trial Court, he supported his such statement and impugned Exh. P.O. In his testimony, he stated:‑‑

"On night between 7/8‑5‑1996 1 alongwith my mother Bakhat Bibi, my wife and children and my brother's wife Abida Bibi had gone to sleep in the courtyard of our house after locking the outer gate of my house as usual. The house of my brother Ghulam Sarwar was towards north of my house and there was a common wall in between the two compounds of the houses. Towards the south of my house the house of my uncle Khan Muhammad is located. There is a common wall of the compound of the house of my uncle Khan Muhammad and that of the compound of my house. On the night of occurrence my uncle Khan Muhammad alongwith his sons Ghulam Mustafa, Ghulam Murtaza, Muhammad Iqbal, his wife were lying asleep in the compound of their house. Electric bulb was on in my compound and so there was an electric bulb on in the house of my brother Ghulam Sarwar deceased and there was also an electric bulb on at the tube-well of my deceased brother Ghulam Sarwar located towards north of his house at a distance of about 25 yards. At about 3 a.m. on the unfortunate night of occurrence I heard the reports of fire shots and that of shrieks coming from the compound of my deceased brother Ghulam Sarwar. Myself, my mother Bakhat Bibi, my wife, my children and my brother's wife were awakened. Similarly the inmates of the house of my uncle Khan Muhammad namely Ghulam Mustafa, Ghulam Murtaza etc had also awakened. Ghulam Mustafa and Ghulam Murtaza P.Ws. had come into my compound after scaling over the common wall of their house and that of my house. A cot was lying near the common wall of the house of my deceased brother Ghulam Sarwar and that of mine. Myself, my mother Bakhat Bibi and Ghulam Mustafa and Ghulam Murtaza P. Ws. went on the cot and looked over the common wall and saw the accused tiring indiscriminately and recklessly at the deceased. I recognized all the accused in the light of the electric bulbs comprehensively.

Accused Amjad Butt, Nasir Butt, Sabir Butt, Sadiq Butt, Naseem Gulzar Ahmad, Sharafat Lohar, Muhammad Akram and Ghulam Hussain were armed with kalashnikovs while accused Munawar Butt. Ansar Butt, Javed Butt, Azam Kharal and Allah Ditta accused were armed with .22 bore rifles. Accused Asghar Butt, Ashiq Butt, Muhammad Saleem were armed with .7 mm rifles. Accused Fayyaz Ahmad, and accused Ajmal Khan were armed with .223 bore rifles and accused Rashid Butt was armed with .8 mm rifle. All the accused had resorted to wanton firing for nearly about one hour. While passing near my outer gate ell the accused also fired at my main gate. The bullets after piercing through the outer main gate had struck the walls of my house. Thereafter, all the accused decamped and went towards their Dera located towards south of my house at a distance of one acre. The occurrence was witnessed by me besides my mother Bakhat Bibi besides P. Ws. Ghulam Mustafa and Ghulam Murtaza. At day dawn after rising of the sun, myself, my mother Bakhat Bibi, alongwith P. Ws. Ghulam Murtaza and Ghulam Mustafa went to the house of Ghulam Sarwar and found all the nine deceased lying dead on their respective cots in the compound of their house. Profused blood was lying underneath the cots of all the nine deceased, and empties about 400/500 were lying scattered around the cots of the deceased. About 100/ 150 empties were also lying near the outer main gate of my house. I left for Police Post Mangowal after leaving behind P.W. Bakhtar Bibi, Ghulam Mustafa and Ghulam Murtaza to guard the dead bodies and there I narrated the entire incident to Incharge Police Post Mangowal Ghulam Sarwar. He reported the matter to Police Station Kunjah."

12. Highlighting the motive aspect of the case, Muhammad Anwar complainant stated:‑‑

"About a year preceding the present occurrence Kausar Bibi deceased daughter of my deceased brother Ghulam Sarwar was married at Bhalwal District, Sargodha. Walayat Butt father of accused Amjad Butt and Munawar Butt had visited Bhalwal City in connection with the Walima ceremony of said Kausar Bibi wife of Altaf Ahmad. On his way back he was murdered alongwith his companion Asghar Sahi by his enemies. After murder of Walayat Butt when his dead body was brought in village Bagrianwala, Police Station Kunjah, my deceased brother Ghulam Sarwar and his deceased wife Mst. Rasoolan Bibi had gone to condole his death. Where accused Amjad Butt, Munawar Butt and their womenfolk manhandled Mst. Rasoolan Bibi and shut her in a room and my deceased brother Ghulam Sarwar was also maltreated by them. We pleaded the innocence of our brother Ghulam Sarwar deceased and Mst. Rasoolan Bibi but they did not accept our plea rather they were adamant to say that their father Walayat Butt was murdered as Rasoolan Bibi has acted as an informer to the enemies of Walayat Butt and for that matter Walayat Butt had been murdered by his enemies. Thereafter, the marriage ceremony of my brother Saleem had taken place and we had sent Dawat‑e‑Walima Cnrd to Amjad and Munawar Butt. The accused kept the card but did not attend the marriage. We had also sent the marriage meal to accused Amjad and Munawar Butt but they had returned the same."

13. Ghulam Murtaza (P.W.11) is the cousin of the complainant and is a resident of the adjoining house. Who claimed that he was the eye?witness of the occurrence and supported the statement of the complainant, referred to above.

14. Mst. Bakhat Bibi, the mother of the complainant, however, was not produced in this. case.

15. Muhammad Younas Butt, Inspector (C.W.2) had partially investigated this case before its transfer to Mr. Ghulam Muhammad Kalyar, S.P., on allegation that the Inspector had spoiled the case of the prosecution. Anyway, according to Muhammad Younas Butt, Inspector, he recorded the statement of Anwar (Exh.P.O.). But went on to explain that as a matter of fact it was scribed by Rai Muhammad Akbar, Sub?lnspector at the dictation of Muhammad Anwar P.W. and under his directions and that Muhammad Anwar after the statement was read over to him had signed it in token of its correctness and on the basis of which the F.I.R. at Police Station Kunjah (Exh.P.O./l) was recorded.

16 Anyhow, he prepared the inquest reports and the injury statements of the nine deceased and dispatched the dead bodies to the mortuary for post‑mortem examination through Nadir Khan, S:‑I. Police Station Kunjah. He took blood‑stained earth into possession from nine places where the dead bodies were lying, vide memo. Exh.C. W.2/M (Exh.P.J.). He also took into possession 66 , empties cartridges (P.29/1‑66) of kalashnikov, 32 empties of rifle .8 mm (P.30/1‑32). Another four live bullets of rifle .8 mm (P.31/1‑4) and 18 leads (P.32/1‑18) which were lying near the dead bodies vide memo. Exh.C.W.‑2/N) and were sealed into a parcel. He. also took some other articles into possession (P.33 to P.71) vide memo. Exh. P. L. He prepared the rough site plan (Exh.C.W.2/Q) and took the last‑worn clothes of all the deceased from Nadir Khan, S.‑I., after the post‑mortem examination. According to him, he recorded the statements of the eye‑witnesses on the spot.

17. In his testimony, it has come on record that on 8‑5‑1996 he had arrested accused Ashiq Hussain, Muhammad Akbar, Muhammad Asghar, Ansar, Ghulam Hussain, Ajmal Khan, Amjad Iqbal, Muhammad Akbar son of Sardar Khan and Abdul Majeed under sections 107/151, Cr.P.C. when he found them armed with various weapons. However, he arrested on the same day, Amjad Iqbal Butt, Muhammad Asghar, Ashiq Hussain and Ajmal Khan on the identification of Ghulam Mustafa and Ghulam Murtaza P. Ws. and the complainant.

18. While perusing Exh.P.O., one finds the followed sentence pertaining to the assailants:‑‑

1J i ~‑ ~J>'~ ~b~ Z ~ 1 y t j uh'~.~‑Gtf'1~> vrrii‑ l~

Before t its sentence, the motive part of the story as has been stated by the complainant and referred to above, was mentioned. While it was said that the complainant side had no enmity with anyone else. As Exh. P.O. is a part of the file, all its contents need not be repeated.

19. Dr. Bushra Riaz (P.W.1) had conducted the post‑mortem examination on the dead body of Mst. Rasoolan Bibi and she found the following fire‑arm injuries on her person‑‑

"(1) A lacerated fire‑arm wound of entry approximately .5 x 2 c.m. at outer side of right upper arm with fracture of underline bone

(2)??????? Lacerated fire‑arm wound of entry approximately I x 1 c.m. at front of left chest.

(2‑A) A lacerated fire‑arm wound of exit 2 x 2 c.m. at back of left chest.

(3)??????? Lacerated fire‑arm wound of entry approximately 1 x 1 c.m. almost 2 c.m. below the injury No.2.

(3‑A) A lacerated fire‑arm wound of exit approximately 2 x 2 c.m. almost 4 c.m. below the injury No.2‑A.

(4)??????? A lacerated fire‑arm wound approximately 1/2 x 1/2 c.m. at epigastrium.

(4‑A) A lacerated fire‑arm wound approximately x c.m. at right side of lumber area.

(5)??????? A lacerated fire‑arm wound of entry approximately 3/4 x ? c.m. at the lower part of front side of right side of chest.

(5‑A) A lacerated fire‑arm wound 1.5 x 1.5 c.m. at the right line.

(6)??????? A lacerated fire‑arm wound of entry approximately 1 x 1 c.m. just right side of umbilicus.

(6‑A) Lacerated fire‑arm wound of exit approximately 1‑1/2 x 1‑1/2 c.m. just lateral to injury No.5‑A."

These injuries were ante‑mortem and were sufficient to cause death. Exh.P.A. is the post‑mortem report.

20. On the same day, the said Lady Doctor also performed the post?mortem examination of Mst. Kausar Bibi and found the following fire?arm injuries:‑

"(1) Wound of entry lacerated on right breast 1 x 1 c.m. exit on right back of chest 3 x 3 c.m.

(2)??????? Wound of entry 2 x 2 c.m. on right side of abdomen. omentum was coming out, Wound of exit on right back lumber region 3 it 4 c. m.

(3)??????? Wound of entry l x 1 c.m. on backside of right thigh. Wound of exit on front of right thigh 2 x 3 c.m.

(4)??????? Wound of entry on right elbow inner side 1 x 1 c.m. wound of exit lacerated on outer side of elbow 3 x 2 c.m."

Exh. P.B. is the post‑mortem report.

21.The autopsy on the person of deceased Qamar Bibi was also performed by the same Lady Doctor, who found the following injuries on her person:‑‑

"(1) Wound of entry lacerated wound 1 x 1 c.m. on inner side of right foot wound of exit lacerated 4 x 4 c.m. on back of lower leg.

(2)??????? Wound of entry 1 x 1 c.m. lacerated on right arm (upper). Wound of exit 8 x 6 c.m. in axilla.

(3)??????? Lacerated wound of entry on right outer side of shoulder. Wound of exit lacerated excavated 4 x 4 c.m. on inner shoulder.

(4)??????? Lacerated wound 3 x 3 c.m. on right arm

(5)??????? Wound of entry lacerated on left inner thigh 1 x 1 c.m. wound of exit 3 x 2 c.m. on outer left thigh.

(6)??????? Wound of entry on left outer side of left thigh 1 x 1 c.m. wound of exit lacerated right later side of 2 c.m. x 2 c.m.

(7)??????? Wound of entry lacerated on backside of right chest x 1 c.m wound of exit of right axilla 4 x 4 c.m.

(8)??????? Wound of entry lacerated on lateral upper hip 1 x c.m. wound of exit on right posterior hip 2 x 2 c.m.

(9)??????? Wound of entry 1 x 1 c.m. on lateral side of right hip. Wound of exit on right buttock.

(10) Wound of entry 1 x 1 c.m. on right side of lumber back. Wound of exit on left lumber region. Foreign metallic body found which was handed over to police.

(11) Wound of entry 1 x 1 c.m. on dorsal lateral wrist (left exit wound of 3 x 2 c.m. on ventral side of left wrist.

(12) Four small lacerated wound on front of abdomen .5 x .5 c.m. each superficial."

Exh.P.C. is the post‑mortem report.

22. Dr. Muhammad Alam (P. W.2) conducted the post‑mortem examination on the dead body of Ghulam Qadir and found the following fire‑arm injuries:‑‑

"(1) A big lacerated wound 6 x 6 inches on the right side of the lower part of the right side of the abdomen with blackening around.

(2)??????? A big laceration 3 x 3 inches on the medial side of middle, of right arm."

Exh. P. D. is the post‑mortem report.

23. The autopsy on the person of Sultan Ahmad was also performed by the same doctor, who found the following fire‑arm injuries on his person:‑‑

"(1) Fire‑arm wound on the left side of the neck

(2)??????? A fire‑arm wound on vertex

(3)??????? Lacerations and multiple fractures of the bones of the left hand and wrists.

(4) ?????? Fire‑arm wound on the front of the left shoulder.

(5)??????? Fire‑arm wound on the back of the left thigh.

(6)??????? Fire‑arm wound on the left lower abdomen."

Exh: P. E. is the post‑mortem report.

24. Dr. Hamid Rafique (P. W.3) conducted autopsy on the dead body of Shagufta Bibi and found the following fire‑arm injuries on her person:‑‑

"(1) Two wounds on left thigh .5 x .5 c.m. each size and two c.m. apart on back of thigh 24 c.m. above the popliteal fossoca. (wound of entry).

(2‑A) Wound of exit on left thigh medial aspect 2. x 6 c.m. size 5 c.m. below inguinal ligament.

(2)??????? Wound of entry on back of right shoulder .5 x .5 c.m. size, 7 c.m. below, countour of shoulder with blackening of margins.

(2‑A) Wound of exit on back of right chest x 1 c.m. size at mid?clavicularline 20 c.m. below clavical.

(3)??????? Wound of entry 1.5 x 1.5 c.m. size at mid‑vertebrail line 10 c.m. below nape of neck. Margins were black on back of right chest.

(3‑A) Wound of exist 3 x 3 c.m. size on front of abdomen left side 7 c.m. below umbilicus.

(4)??????? An excavating wound on front of abdomen adjacent to injury No.3‑A.

(5)??????? An excavating wound with blackening of margins 4 x 2 c.m. size 4 c.m. below injury No. 3‑A in public area.

(6)??????? A burnt area on right side of neck 1 x 1 c.m. in size.

Exh. P. F. is the post‑mortem report.

25. The same doctor conducted the post‑mortem examination on the dead body of Nadia and found the following injuries:‑‑

"(1) Wound of entry .5 x .5 c.m. size on left side of abdomen 3 c.m. from midline and 10 c.m. below left nipple.

(1‑A) Wound of exit on left chest back side 3 x 2 c.m. size 20 c.m. below clivical.

(2)??????? Wound of entry on left side of abdomen .5 x .5 c.m. below umbilicus.

(2‑A) Wound of exit on left side of back of abdomen 4 x 3 c.m. size, 10 c.m. away vertebral column.

(3)??????? Wound of entry on left thigh medial side 30 c.m. above the knee joint and enteriorly.

(3‑A) A wound of exit on lateral aspect of left thigh at illiac crest 3 x 3 c.m. size."

Exh P G is the post‑mortem report.

26. Dr. Muhammad Ansar (P.W.4) conducted the post‑mortem examination on the dead body of Ghulam Sarwar and found the following injuries:‑‑

"(1) Fire‑arm wound of entry 1 x 1 c.m. on postro lateral surface of right upper arm.

(1‑A) Exit, wound 12 c.m. x 7 c.m. having pieces of bone on interior surface of right lower arm.

(2)??????? .Fire‑arm wound of entry 1 x 1 c.m. on lateral part of interior surface of right upper fore‑arm.

(2‑A) Exit wound 7 x 3 c.m. on postro lateral surface of right fore?arm.

(3)??????? Fire‑arm wound of entry 1 x 1 c.m. on medial aspect of right lower fore‑arm near wrist.

(3‑A) Exit wound 1.5 x 1 c.m. on anterior lateral surface, of right fore‑arm near wrist.

(4)??????? Fire‑arm wound of entry 2 x 1 c.m. on front of chest about middle of sternum.

(4‑A) Wound of exit 2 x 2 c.m. on back of right chest just near midline at level of upper border of scapula.

(5)??????? Fire‑arm wound of entry 1 x 1/2 c.m. on left side of Xifi‑sterna fossa on left chest.

(5‑A) Exit wound 2 x 2 c.m. on back of chest just on left side of midline.

(6)??????? Fire‑arm , wound of entry 1 x 1 c.m. just below left nipple.

(6‑A) Wound of exit 2 x 2 c.m. on back of left chest.

(7)??????? Fire‑arm wound of entry 1/2 x 1/2 c.m. on right side of base of neck.

(7‑A) Exit wound 4 x 3 c.m. on right posterior aspect of base of neck.

(8)??????? Fire‑arm wound of entry 1/2 x 1/2 c.m. on left aspect of neck 3 c.m. posterior and below to left ear.

(8‑A) Exit wound 4 X 3 c.m. on right side of head, 3 c.m. posterior to upper part of right ear. "

Exh. P. M. is the post‑mortem report.

27. The said doctor also performed the autopsy on the dead body of Yasir Mehmood (a child) and found 'the following injuries:‑‑

"(1) Fire‑arm wound of entry 2 x 2 c.m. on back of upper chest just on left side of midline.

(1‑A) Exit wound 6 x 4 c.m. on back of left lower chest 5 c.m. from midline.

(2) Excavating fire‑arm wound 2 x 1 c. m. on front of left knee."

Exh.P.N. is the post‑mortem report.

28. All these injuries were undisputedly caused by fire‑arms and for more details, we have the testimonies of the doctors, already recorded by the trial Court and need not be repeated for purposes of our judgment.

29. Nadir Khan (P.W.5) had taken the dead bodies for autopsy and collected their last‑worn clothes which he handed over to Inspector Muhammad Younas Butt who took the same into possession vide memo. Exh.P.H. He. witnessed the securing of blood‑stained earth (Exh.P.J.) and the bullets (P.K.). He also witnessed the taking into possession the quilt, Charpai, pillow etc. (Exh. P. L. ).

30. Bahu Khan. A.S.‑1. (P.W.6) had taken the non‑bailable warrants for the arrest of Javed lqbal, Ansar, Munawar Hussain, Nasir, Ghulam Hussain, Sharafat, Naeem, Saleem, Muhammad Sadiq, 'Muhammad Sabir, Gulzar, Fiaz Ahmad, Muhammad Azam, Muhammad Rasheed and Muhammad Akram, whom he could not trace. However, he did not get his report attested by the Chowkidar, Lumberdar or a respectable of the area.

31. Mujahid Farooq, A.S.‑I. (P.W.7) had registered the F.I.R. Exh.P.O. / 1. He also received sealed parcels of the case property which he stored in the Malkhana, and later handed these over to Muhammad Zaman, Constable, for delivery at the office of Chemical Examiner and Forensic Science Laboratory, Lahore.

32. Muhammad Zaman, Head Constable (P. W .8) corroborated the statement of Mujahid Farooq, A.S.‑I. (P.W.7).

33. Rustam Ali, Sub‑Inspector (P.W.13) took into possession licensed .44 bore rifle of Ghulam Hussain accused given by someone else. Akbar Ali (P.W.14) had obtained proclamations against the absconding accused. Shahzada Saleem, Inspector (P.W.16) was a Member of the Investigation Team. On 10‑2‑1997 he arrested Rashid Butt accused and raided his house and recovered Rs.50,000 as well as two .30 bore pistols, two .7 mm rifle and one .222 bore rifle which were taken into possession vide memo. Exh.P.F. He also raided the house of one Aurangzeb and recovered .222 bore licensed rifle and .30 bore pistol. He also took into possession a yellow cab car vide memo. Exh.P.Y.

34. Masood Ahmad Bhatti, Draftsman (C.W.1) prepared the site plans (Exh.C.W.I/A and Exh.C.W.I/B) after spot inspection on 9‑5=1996 and entered his notes in black ink.

35. On the investigation side, we have the statement of Khalid…

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