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Petitioner: SHAHBAZ AHMAD KHAN VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Rustam Ali Malik, Ali Nawaz Chohan Title: SHAHBAZ AHMAD KHAN vs THE STATE Case No.:Criminal Appeals Nos. 750, 751, 752, 753, 832 and 972 of 1999 and Murder
JUDGMENT
Reported As: 2002 YLR 1781 Result: Order accordingly Judgment JUDGMENT ' RUSTAM ALI MALIK, J.---Through this judgment we intend to dispose of Criminal Appeals Nos.750, 751, 752, 753, 832 and 972 of 1999 as well as Murder Reference No,332-T of 1999. The appellants had been tried by the learned Judge Special Judge, Anti-Terrorism Court No,III, Lahore, convicted and sentenced on various charges, the detail of which will follow. 2. The brief facts are that Case F.I.R. No, 292 of 1998 (Exh.PA/1) was registered in Police -Station Saddar, Sheikhupura on 14-4-1998 on the statement of Nasrullah Khan, complainant (P.W.17) son of Fida Muhammad Khan resident of Village Jandiala Sher Khan under sections 302/324/109/148/149/452, P.P.C. In his statement Exh.PA Nasrullah Khan, complainant has stated that on the night of occurrence (on 14-4-1998) he as well as Mahmood Prkbar Khan, M.N.A., Masood Akhtar Khan, Sher Muhammad, Riasat, Muhammad Sadiq, Muhammad Moazzam Khan, Haji Taj, Bashir Ahmad Khan, Abdul Lateef, Line Superintendent and Aziz-urRehman S.D.O. WAPDA, Sheikhupura were sitting at the Dera of Mahmood Akbar Khan, M.N.A. And talking to each other. Aziz-urRehman, S.D.O., WAPDA and Line Superintendent Muhammad Lateef had arrived there for removing the defect of electricity. Around 10-15 p.m., the electricity had been restored and the electric bulb was on and the smaller entrance of the Dera was open when there were sounds of vehicle coming to a 'halt' outside the Dera. Suddenly Naseer and Nasir Ahmad with kalashnikovs, Munir armed with a rifle .222 bore, Riasat also armed with a rifle .222 bore and Ashiq armed with a gun .12 bore who were identified in the electric light, reached there alongwith 13 other unknown culprits and who could be identified by the complainant and his other companions if they appear before him. The said culprits entered the Dera and soon thereafter Naseer, etc. Alongwith their
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companions started firing indiscriminately at Mahmood Akbar Khan and Masood Akbar Khan. The complainant alongwith Muhammad Moazzam, Bashir Ahmad Khan and Haji Taj ran towards a room of the Dera and bolted the same from inside. The accused continued firing for 10/15 minutes and thereafter they tled away on a motorcycle, a wagon and a car while raising Lalkaras and firing with their respective weapons. After the accused had left, the complainant alongwith his companions went near Mahmood Akbar Khan etc. Mahmood Akbar Khan, Masood Akbar Khan, Sher Muhammad, Riasat, Muhammad Sadiq, Abdul Lateef, Line Supreintendent and Azizur-Rehman, S.D.O. WAPDA received injuries on different parts of their bodies. On hearing the sound of firing, the other residents of the village had also arrived there. The complainant alongwith his companions took Mahmood Akbar Khan, Masood Akbar Khan, Riasat, Abdul Lateef, Line Superintendent, Aziz-ur- Rehman, ,S.D.O., WAPDA and Muhammad Sadiq in injured condition to the Civil Hospital, Sheikhupura. Of them Mahmood Akbar Khan, Masood Akbar Khan, Riasat, Abdul Lateef and Sher Muhammad expired. Muhammad Sadiq and Aziz-ur-Rehman were referred to Mayo Hospital, Lahore for treatment. 3. In the F.I.R. It was also stated that Mahmood Akbar Khan and Munawar Manj were candidates in the Elections of National Assembly and that Mahmood Akbar Khan was elected as M.N.A. While Munawar Manj was defeated. Saeed Cheena etc. Had supported Munawar Manj (in the elections). Besides that about two years ago, Saeed Chheena had illegally occupied five Acres of land belonging to Waris, etc. And a case regarding which was pending in 'the Court and which was decided in favour of Waris, etc. About four months ago, Waris etc. Reoccupied their land. Saeed Chheena etc suspected that Mahmood Akbar Khan and Masood Akbar Khan helped Waris, etc. On account of the elections rivalry and on account of the grievance concerning the occupation of the aforesaid land, Naseer Chheena, etc. Alongwith their companions, on the abetment of Saeed Chheena and in consultation with each other, had fired at Mahmood Akbar Khan, etc., had injured them and who had expired subsequently (as a result of the said injuries). 4. In' the F.I.R. It was further stated that on 8-4-1998 around 2-00 p.m. Saeed Chheena alongwith his brothers Naseer, Nasir and Munir as well as with Ashiq, Riasat sons of Muhammad, Amir Ali son of Fojdar, Muhammad Ramzan and Muhammad Amir Ali resident of the same village alongwith 5/6 other persons were sitting in their Dera where some vehicles. (Pajeros) arrived and 8/9 persons who had arrived in the said vehicle joined the consultation in the said Dera. Saeed Chheena was telling his brothers and companions that with the assistance of Mahmood Akbar Khan and Masood Akbar Khan, Waris, etc. Had occupied the land which was in their possession and that they should do away with both the said brothers (Mahmood Akbar Khan and Masood Akbar Khan) and that he will pursue the case and will get them released. As such Naseer, etc. In consultation with each other and on the abetment of Saeed Chheena, etc. Had killed Mahmood Akbar Khan, Masood Akbar Khan, Sher Muhammad, Riasat, Abdul Lateef and had injured Aziz-ur-Rehman and Muhammad Sadiq. Amir Ali, etc. Had told him about the said consultation which had taken place on S-4-1998, the said day of occurrence. 5. It may be mentioned here that Muhammad Sadiq injured had also expired subsequently. 6. After the investigation, the police submitted the challan in the Court of the learned Special Judge, Anti-Terrorism Court, Lahore. 7. On 13-11-1998, the learned JudgeAnti-Terrorism Court No,III, Lahore formally charged (1) Mushtaq Ahmad Khan (2) Razzaq Khan (3) Shahbaz Khan (4) Mohsan Khan (5) Ishtiaq Ahmad Khan (6) Iftikhar Khan (7) Riasat Ali (8) Muhammad Ashiq (9) Aziz Khan (10) Rafique (11) Akbar (12) Basharat (13) Asif Khan (14) Naseer (15) Saeed Ahmad Chheena (16) Farooq and (17) Muhammad Shafique accused and the charges were under sections 148/149, 460/149, 302/149, 324/149, 120-B/149, 109, 342/34 and under section 7 of the Anti-Terrorism Act, 1997. All the accused mentioned above pleaded not guilty and the prosecution was thus asked to produce its evidence.
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8. The prosecution has examined in this case as many as 30 P.Ws. Of'them P.W.4 is doctor Muhammad Azam who on 14-4-1998 had conducted the Medico-Legal Examination of Aziz-ur- Rehman, the injured P.W. And had found the following injury on his persons:-- (1) A lacerated would 7 c.m. x 4 c.m. And the bone was .Exposed on the outer side of the lower part of right leg. ' Exh.PH is the carbon copy of the M.L.R. While Exh.PH/1 is the sketch of injury. 9. On the same day i,e, on 14-4-1998, P.W.4 had conducted the Medico-Legal Examination of Riasat and had found the following injuries on his person:-- (1) A punctured wound 0.5 c.m. x 0.4 c.m., going deep inside of neck, being on the lower part of right side of neck. (2) A punctured wound 0.3 c.m. x 0.3 c.m. Going deep on the outer side of the right shoulder. (3) An abrasion 5 c.m. x 1 c.m. On the top of the right shoulder. (4) A punctured wound 1 c.m. x 0.6 c.m., going deep on front of the right lower chest over liver area. ' Exh.PI is the carbon copy of the Medico-Legal Report while Exh.PI/1 is the sketch of the injuries. 10. On the same day at 11-05 p.m., P.W.4 conducted the Medico-Legal Examination of Muhammad Sadiq who was then in injured condition and found the following injury on his person:-- (1) A lacerated wound 10 c.m. x 3 c.m. Going deep into the chest' cavity, piercing the muscles of the back of lower part of the left chest. ' Exh.PJ is the carbon copy of the medico'-legal report while Exh.PJ/1 is the report of the Surgeon whereas Exh.PJ/2 is the sketch of the injury. 11. P.W.5 is Doctor Farooq Ahmad Kasana, Who on 15-4-1998 had conducted the autopsy on the dead body of Sher Ahmad deceased and had found the following injuries on his persons:- (1) A fire-arm lacerated wound measuring 2.5 c.m. x 1.8 c.m. Into DNP, edges were inverted on right frontal midabdomen and 0.8 c.m. From unblicus. (2) A fire-arm lacerated wound 5 c.m. x 4 c.m. On the upper front of right thigh into skin deep. (3) A fire-arm punctured wound 0.8 c.m. x 0.8 c.m. Into DNP; edges were inverted on frontal medial part of right knee with exit would 2.5 c.m. x 2 c.m. Into DNP edges were everted on outer frontal part of knee. (4) A fire-arm wound 2 c.m. x 2 c.m. Into DNP ledges were inverted on inner mid of right knee with exit wound 4 c.m. x 2 c.m. DNP edges were everted on upper inner right lower leg. ' In his opinion the death was caused due to shock haemorrhage and cardio respiratory arrest and that all the injuries collectively and injury No,1 individually had caused death of the deceased. Exh. PK is the carbon copy of the post-mortem examination report, Exh.PK/1 is the sketch of injuries while Exh.PK/2 is the inquest report which had also been signed by. P.W.S. 12. On 15-4-1998 at 3-30 p.m., P.W.5, also conducted the autopsy on the dead body of Muhammad Lateef deceased and found/observed the following injuries:-- (1) A fire-arm wound 1 c.m. x 1 c.m. DNP, edges were invested on the right back of abdomen, mid outer part. (2) A fire-arm wound of exit 2 c.m. x 2 c.m. x DNP, edges everted on the lower mid front of the right chest. (3) Fire-arm wound of entry 1 c.m. x 1 c.m. x DNP, edges inverted on the cuter right mid abdomen. (4) A fire-arm wound 1.8 c.m. x 1.5 c.m. x DNP, edges were everted, on the lower outer, frontal, left chest. (5) A fire-arm would 2 c.m. x 2 c.m. x DNP, edges were inverted on left outer, frontal upper part of left upper arm with exit 5 c.m. x 4 c.m. x DNP with everted edges on the back of left arm upper part. (6) A fire-arm laceration 10 c.m. x 1 c.m. On the lower frontal right thigh. (7) A fire-arm wound 1 c.m. x 1 c.m. On inner mid of right elbow with exit wound 10 c.m. x 6 c.m. On upper mid frontal right forearm.
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' In his opinion the death had occurred due to shock, haemorrhage and cardio respiratory failure and all the injuries collectively and injuries Nos.1, 2 and 3 and 4 individually were sufficient to cause of death in the ordinary course of nature. Exh.PL/1 is the sketch of injuries while Exh.PL/2 is the inquest report which was also signed by P.W.S. 13. P.W.6 is Dr. Abdul Bari who on 11-4-1998 at 1-30 a.m. Had conducted the autopsy on the dead body of Mahmood Akbar Khan deceased and had found the following injuries on his person:-- (1) A fire-arm wound of entrance 1 c.m. x 1 c.m. On the back of head left side making an exit would 7 c.m. x 2 c.m. On left lower jaw. (2) Seventeen (17) fire-arm wounds of entrance measuring 1 c.m. x 1 c.m. On back of chest and abdomen, in an area of 22 c.m. x 20 c.m. With exit wounds in front of abdomen and chest in an area of 24 c.m. x 22 c.m. Each measuring about 1.25 c.m. x 1.25 c.m. (3) Fire-arm wound of entry 1 c.m. x 1 c.m. On the outer side of left abdomen and mid part, making an exit wound 'on outer wall of right abdomen measuring 1.25 c.m. x 1.5 c.m. Lower part. (4) Fire-arm wound of entrance 1 c.m. x 1 c.m. On back of left shoulder making exit would 7 c.m. x 6 c.m. On top of left shoulder. Only muscles were damaged. (5) Five fire-arms wound of entrance each measuring 1 c.m. x 1 c.m. In an area of 10 c.m. x 6 c.m. On back of abdomen left side lower part making exit wound each measuring 1.25 c.m. x 1.25 c.m. On front of abdomen left side in an area of 12 c.m. x 8 c.m. (6) A tire-arm wound of entrance 1 c.m.x 1 c.m. On the outer side of left thigh upper part, making an exit wound 1.5 c.m. x 1.5 c.m. On the inner side of left thigh upper part, only muscles were damaged. (7) Fire-arm wound of entrance 1 c.m. x 1 c.m. On the inner part of right thigh, upper part making an exit wound 1.5 c.m. x1.5 c.m. On the outer side of right thigh, upper part. Only muscles were damaged. (8) Fire-arm wound of entrance 8 c.m. x 8 c.m. On upper part of right big toe, making an exit wound 2 c.m. x 2 c.m. On lower part. Underlying bone was seen fractured. (9) A fire-arm would of entrance 1.5 c.m. x 1.5 c.m. On the back of right forearm lower parts, making an exit wound 2 c.m. x 2 c.m. On front of right forearm lower part, underlying bone was seen fractured. (10) Two fire-arm wounds of entrance each measuring .8 x .8 c.m. On outer side of right chest mid part in an area of 7 c.m. x 6 c.m. Making an exit wound 1.5 c.m. x 1.5 c.m. On front of left chest mid part in an area of 8 c.m. x 7 c.m. ' In his opinion the death had occurred due to severe shock and haemorrhage due to injuries mentioned above which were sufficient in the ordinary course of nature to cause death. The injuries were ante-mortem and had been caused by fire-arm. Exh.PM, Exh.PM/1 and Exh.PM/2 are the postmortem report, sketch of injuries and the inquest report respectively. 14. On 15-4-1998 at 2-30 a.m., P.W.6 i,e, Dr. Abdul Bari conducted the autopsy on the dead body of Masood Akbar Khan deceased and found the following injuries on his person:-- (1) Eleven (11) fire-arm wounds of entrance each measuring 1 c.m. x 1 c.m. On back of chest, both sides, in an area of 29 c.m. x 20 c.m. Making exit wounds each measuring 1.5 c.m. x 1.5 c.m. In an area of 32 c.m. x 34 c.m. On front of chest both sides. (2) A fire-arm wound of entrance 1 c.m. x 1 c.m. On the back of right shoulder, making exit wound 1.5 c.m. x 1.5. c.m. On the front of right shoulder underlying bone was seen fractured. (3) Nine (9) fire-arm wounds of entrance on front of abdomen both sides, in an area of 22 x 19 c.m., each measuring 1 c.m. x 1 c.m., making exit wounds each measuring 1.25 c.m. x 1.25 c.m. In an area of 29 c.m. x 20 c.m. On back of abdomen. (4) Three (3) fire-arm wounds of entrance each measuring 1 c.m. x 1 c.m. In an area of 9 c.m. x 7 c.m. On left buttock, making exit wounds on the outer side of left thigh mid part, in an area of 16 c.m.
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x 11 c.m. Each measuring 1.5 c.m. 1.5 c.m. Left famur bone was fractured. (5) A fire-arm wound of entrance 1 c.m.x 1 c.m. On bac': of left thigh mid part s making an exit wound measuring 1.5. c.m. x 1.5 c.m. On the front of left thigh mid part. Underlying bone was seen fractured. (6) A fire-arm wound of entrance 0.8 c.m. x 0.8 c.m. On the inner side of left knee, making an exit wound 1.5x 1.5 c.m. On outer side of left knee. Underlying bones were seen fractured. (7) Fire-arm wound of entrance .8 c.m.x .8 c.m. On the back of left knee making an exit wound measuring 1.5 c.m. x 1.5 c.m. On front of left knee lower part. Underlying bone was seen fractured. (8) A fire-arm wound of entrance .8 c.m. x .8 c.m. On back of left ankle, making an exit wound 1.5 c.m. x 1.5 c.m. On inner side of left leg lower part. Only muscles were seen damaged. (9) A fire-arm wound of entrance 1.5 c.m. x 1 c.m. On the right cheek upper part, making an exit wound 2 c.m. x 2 c.m. On lower part. Underlying bone was seen fractured. (10) A fire-arm lacerated wound 7 c.m. x 7 c.m. On the front of left fore armupper part. Only muscles were damaged. (11) A fire-arm lacerated wound 2 x 2 c.m. On front of left upper arm lower part. (12) A fire-arm wound of entrance 1 c.m. x 1 c.m. On the outer side of right thigh mid part making an exit wound 2 c.m. x 2 c.m. On inner side of right thigh mid part. Only muscles were damaged. ' In his opinion the.Death had occurred due to severe shock and haemorrhage due to the injuries mentioned above which were sufficient in the ordinary course of nature to cause death. The injuries were caused with fire-arms being ante-mortem. Exh.PN, Exh.PN/1 and Exh.PN/2 are the post- mortem report, sketch of injuries and the inquest report respectively. 15. On 15-4-1998 at 4-00 a.m. P.W.6 had conducted the post-mortem examination on the dead body of Riasat Ali and had found the following injuries on his person:-- (1) A fire-arm wound of entrance 1 c.m. x 1 c.m. On front of right chest losef part metallic bullet was removed from upper part of right lung. (2) A fire-arm wound of entrance 1 c.m. x 1 c.m. On the right side of neck lower part making an exit wound 1.5. c.m. x 1.5 c.m. On right scapular. (3) A fire-arm lacerated would 1.5 c.m. x 1.5. c.m. On the top of right shoulder. Only muscles were damaged. (4) A fire-arm lacerated wound 3 c.m. x1 c.m. On left iliac crest. Only muscles were damaged. (5) A fire-arm lacerated wound 9 c.m. x 3 c.m. On outer side of right thigh, upper part. Only the muscles were damaged. ' In his opinion death had occurred due to severe shock and haemorrhage because of injuries which were sufficient to cause death in the ordinary course of nature. Exh.PO is the carbon copy of the postmortem report, Exh.PO/1 is the sketch of injuries while Exh.PO/2 is the inquest report which was also signed by P.W.6. 16. P.W.7 is Dr. Muhammad Yousaf Kazmi who on 22-4-1998 at 10-00 a.m. Had conducted the post- morten examination on the dead body of Muhammad Sadiq deceased and had found the following injuries on his person:-- (1) An incised wound 38 c.m. x 12 c.m. On back of both chest lower part ribs, muscles exposed. Muscles were blackened in an area of 10 c.m. x 6 c.m. In central area on both sides of vertebral column. (2) A stitched incised wound 3 c.m. x 2 c.m. On outer aspect of left chest mid part. ' In his opinion death had been caused due to injury No,1, due to shock, haemorrhage and later on sepsis which were sufficient to cause death in the ordinary course of nature. Exh.PP is the carbon copy of the post-mortem report, Exh.PP/1 is the sketch of injuries Exh.PP/2 is the inquest report and the application is Exh.PP/3.
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17. P.W.1 is Muhammad Akram A.S.-I. Who on 14-4-1998 while posted as Duty Officer at Police Station Saddar Sheikhupura had received the complaint Exh.PA through Muhammad Ashraf Khan, Constable which had been sent by Arshad Mahmood Inspector/S.H.O., Police Station Saddar, Sheikhupura and on the basis of the complaint (Exh.PA) he had recorded formal F.I.R. Exh.PA/1. 18. P.W.2 is Muhammad Ashraf, Constable No,4 who on 24-4-1998 had escorted the dead body of Muhammad Sadiq deceased for its post-mortem examination and after the post-mortem examination had handed over to the I.O. The Chaddar Exh.P1 which was secured by him vide memo. Exh.PB. 19. P.W.3 is Muhammad Siddique, H.C. No, 28 who on 14-4-1998 was entrusted the dead bodies of Mahmood Akbar Khan, Masood Akbar Khan, Riasat Ali, Bashir Ahmad and Muhamamd Lateef for the purpose of post-mortem examination and after the post-mortem examination had handed over the last worn clothes of the deceased persons P-2 to P-13 to the I.O. And which were secured by him through separate Memos. Exh.PC, Exh.PD, Exh.PE, Exh.PF and Exh.PG which were attested by P.W.3 and Shauakt Ali, Constable. 20. P.W.8 Khaliq Hussain alongwith one Abdul Hamid P.W. Had identified the dead body of Abdul Lateef, Line Superintendent at the time of its post-mortem examination, on the night between 14-4- 1998 and 15-4-1998. 21. P.W.9 Abid Ali, A.S.-I. Had also escorted the dead bodies of Mahmood Akbar Khan, Masood Akbar Khan, Riasat Ali, Sher Muhammad and Abdul Lateef on 14-4-1998 for their post-mortem examination at the mortuary at Sheikhupura. 22. P.W.10 is Muhammad Anwar, Constable No,1048. On 28-4-1998, Javaid Iqbal, Moharrir Head Constable had entrusted to him six sealed parcels containing blood stained earth and 5 sealed parcels containing crime empties and he deposited the said parcels in the respective offices intact on 30-4-1998. On 20-6-1998, Javaid Iqbal, Moharrar Head Constable handed over to him three 'sealed parcels of crime weapons and which he deposited in the respective office on the same day. 23. P.W.11 is Javed Iqbal, Head Constable No,1094 who was posted as Moharrar Head Constable at Police Station Saddar, Sheikhupura on 15-4-1998 and thereafter had performed certain duties during the investigation of this case such as keeping the sealed parcels in safe custody in Mal Khana, and thereafter entrusting the same to different constables for transmitting the same to the respective offices. 24. P.W.12 is Muhammad Riaz Draftsman who on 19-4-1998 had visited the place of occurrence and had prepared the site plan Exh.P.Q. And its duplicate copy Exh.P.Q.1. 25. P.W.13 is Fazal-ur-Rehman Khan who lived at a distance of about 50/60 feet from the place of occurrence in Jandiala Sher Khan. On 15-4-1998, he had joined the investigation of this case and in his presence the I.O. Had secured the blood-stained earth from the spot, which was sealed into different parcels and was taken into possession by the I.O. Vide Memos. Exh.PR, Exh.PS. Exh.PT, Exh.PU, Exh.PV and Exh.P.W. Which had been attested by him and also by Ali Asghar P.W. He stated that on 15-4-1998, the I.O. Had taken into possession 156 empties of klashnikoves, 17 empties of .222 rifle, 5 empties of rifle 244, 5 empties of .12 bore gun and 12 bullets which were sealed into separate parcels and were taken into possession vide memo. Exh.PX which was attested by him. i,e, P.W.13 and also by Ali Asghar P.W. 26. P.W.14 is Muhammad Ramzan who stated. That on 8-4-1998 around 2-00 p.m. He and his father Amir Ali P.W. Were present at the Dera of Saeed Ahmad Cheena accused and besides them Naseer Ahmad, Munir Ahmad, Qaisar, Akbar Gadhi and Shafique accused were also present there. In the meanwhile a Pajero and a car came there and were parked outside the dera and wherefrom Mushtaq Ahmad, Shehbaz Khan, Razzaq Khan, Mohsin Khan, Ishtiaq Khan, Aziz Khan, Asif Khan, Farooq alias Pomi and Farooq son of Sadiq came out and entered the Dera of Saeed Ahmad Chheena. After a short while, Mushtaq Khan asked Saeed Ahmad Cheena to stop aside as he had
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to make certain "talks", but accused Saeed Ahmad Chheena replied that he could talk in the presence of those persons as they were their relatives and friends. Then, Mushtaq Ahmad accused started saying that Mahmood Akbar Khan, deceased had made their lives miserable, eversince he had become M.N.A. And that Mahmood Akbar Khan had favoured the accused of the murder case of his son and that he had got his land (Saeed Ahmad Chheena's) into the possession of his enemies. Mushtaq Ahmad accused further stated that the deceased Mahmood Akbar Khan had got snatched the transport addas of accused Aziz Khan accused and that Fazal-urRehman accused was being implicated in false case by Mahmood Akbar Khan and if two brothers were not done away with, they would create trouble for them. Saeed Ahmad Chheena accused agreed with Mushtaq Khan accused and stated that they were already for it and he inquired as to who would spy for Mahmood Akbar Khan and Masood Akbar Khan for their joint presence and Aziz Khan accused volunteered that he will take the said responsibility. Saeed Ahmad Chheena accused said that with the connivance of his friend Kafayat Ullah son of Inayat Ullah of District Gujrat, they had contacted Basharat Ali, Head Constable for the purpose and that he (Saeed Ahmad Chheena) would he arrested in a false case and sent to the judicial lock-up and in this way he would be exonerated from the case and he would look after the case and also the interest of the other accused. Mushtaq Khan took the responsibility that his sons Shahbaz Khan and Razzaq Khan, would manage a wagon to be used in the commission of the offence and further that his son Mohsan Khan would stay there and his son Ishtiaq would supply the arms through Mohsan Khan accused. He further offered that his sons All Raza (since absconder) and Iftikhar would accompany them for the commission of the offence (to take part in the tiring). Ishtiaq Khan accused offered that they would supply arms with the help of Mohsan Khan to them. Aziz Khan accused then took the responsibility for the confirmation of the presence of Mahmood Akbar Khan and Masood Akbar Khan together at the Dera and further offered to take part in the occurrence at the time of firing. He deposed that Qaiser Chheena accused and others also volunteered that they would arrange for the hired _assassins and will also supply the arms. Then all the accused took special oath on Holy Qur'an that they would remain united in order to murder the said two brothers. Thereafter all the accused went away to their houses and he i,e, P.W.14 alongwith his father also went away to their houses., Ramzan, P.W.14 deposed that he and hid father had divulged the said conspiracy before Mahmood Akbar Khan deceased and his maternal uncle Nasrullah Khan P.W. 27. P.W.15 namely Muhammad Akhtar H.C. No,324 was entrusted with the non-bailable warrants of Nash; accused, Exh.P.W .15/1, Shah accused Exh.P .W .15/2 , Farooq accused Exh.P.W.15/3, Munir accused Exh . P.W .15/4, Naseer Ahmad accused Exh.P.W.15/5. Qaiser accused P.W.15/6, Shafique…
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