Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Official Citation: 2024 LHC 1202
Court / Jurisdiction: Lahore High Court
Year of Decision: 2024
Decision Date: 2024-03-18
Parties: Ghzanfar Ali alias Manzoor, etc. vs The State, etc.
Ruling Summary: This decision was rendered by the Lahore High Court on 2024-03-18, officially reported as 2024 LHC 1202. In this matter between Ghzanfar Ali alias Manzoor, etc. and The State, etc., the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
Case cited as 2024LHC1202
Court Name: Lahore High Court Judge(s): Aalia Neelum, Farooq Haider Title: Ghzanfar Ali alias Manzoor, etc. vs The State, etc. Case No.: Crl. Appeal No.67578 of 2019 Date of Judgment:2024-03-18 Reported As: 2024 LHC 1202, PLJ 2024 Cr.C. 909 Result: Appeal Accepted
JUDGMENT
JUDGMENT Aalia Neelum, J:- Ghzanfar Ali alias Manzoor and Pervaiz alias Parwaz, sons of Muhammad Aslam, and Waris Ali, son of Nawana, all Muslim Sheikh by caste, residents of Jailani Morr, Police Station Warburton, District Nankana Sahib, the appellants were involved in case F.I.R. No.202 of 2019, dated 23.03.2019, registered under Sections 302, 353, 186, 148, 149 PPC and section 7 of the Anti-Terrorism Act, 1997, at Police Station, Sharqpur Sharif, District Sheikhupura and were tried by the learned Judge, Anti-Terrorism Court-II, Lahore. The trial court seized with the matter in terms of the judgment dated 28.10.2019, convicted each of the appellants, and sentenced them to suffer 01- year rigorous imprisonment under Section 186 PPC along with a fine of Rs.10,000/- each and in default in payment thereof, each would further undergo 06-months simple imprisonment. The appellants were also convicted under section 353 PPC and sentenced to undergo 02-year rigorous imprisonment, along with a fine of Rs.10,000/- each. In default in payment thereof, each would further undergo 06-months simple imprisonment. The appellants were further convicted and sentenced to undergo imprisonment for life each under Section 302-B PPC read with Section 149 PPC, with the direction to pay Rs.1,00,000/- each as compensation to the legal heirs of the deceased and in default of payment of compensation, same would be recovered from each of them as arrears of land revenue. The appellants were also convicted under section 7(a) of the Anti-Terrorism Act, 1997, and sentenced to undergo imprisonment for life each. All the sentences awarded to the appellants would run concurrently. The benefit of Section 382-B Cr.P.C. was also extended in favor of the appellants. 2. Feeling aggrieved by the trial court's judgment, the appellants, Ghazanfar Ali alias Manzoor, Pervaiz alias Parwaz, and Waris Ali, have assailed their convictions by filing instant Criminal Appeal
---
## Page 2
No.67578 of 2019. 3. The prosecution story as alleged in the F.I.R (Ex.PH/1) lodged on the complaint (Ex.PH) of Saif Ullah A.S.I (PW-12)-the complainant is that on 23.03.2019, he (PW-12) alongwith Muhammad Akmal 2129/C (PW-13), Zaheer Abbas 2138/C while armed with official rifles SMG, while boarding on official vehicle bearing registration No.SAG-16, driven by Muhammad Khalid 182/C (PW-9), was patrolling and was coming from Mundianwala towards Sharqpur; when they reached near Fehmeer Pharmaceutical Company, they saw five unknown bandits armed with firearms weapons blocked the road by planting a tree; they were standing there, and the road was also barricaded; their faces were visible in the light of the vehicle's headlights. On seeing the police party, the accused fled towards "Bagh Amrud," and they took cover and opened fire on the police vehicle indiscriminately. The police did not get a chance to retaliate. However, the police party made a few fire shots in self-defense. Meanwhile, one of the robbers' fire shots hit Zaheer Abbas, 2138/Constable, crossing the "Tarpaul" of the vehicle on the back and exiting from the side of the chest. The robbers managed to escape towards the garden by taking advantage of the darkness and opening fire. The police party shifted the injured constable to THQ Hospital, where Mushtaq Ahmad ASI, alongwith Ali Baqar 1551/C and Niaz Ahmad 1354/C, also reached on another official vehicle. The injured Zaheer Abbas, 2138/C, succumbed to the injuries there. The complainant (PW- 12), alongwith driver Muhammad Khalid182/C (PW-9), could identify the accused if brought before them. After that, the complainant (PW-12) drafted a complaint (Ex.PH) and sent the same to the police station through Ali Baqar 1551/C for registration of formal F.I.R (Ex.PH/1). 4. After the registration of the case, the investigation of this case was entrusted to Shehbaz Ali Inspector (PW-15)-the investigating officer, who being investigating officer, inspected the place of occurrence and prepared rough site plan (Ex.PX); he (PW-15)-the investigating officer also took into possession blood through cotton and one led bullet from inside the vehicle and made them into sealed parcels; the investigating officer (PW-15) took into possession the official vehicle (P-11), "Chappa" of Shesham (P-12) and iron saw (P-13); the PFSA team collected one crime empty of 12- bore, one live bullet of 9-MM, one crime empty of 9-MM, 6-crime empties of 303 rifle, prepared 09 sealed parcels of said articles and handed over the said parcels to Niaz Ahmad constable, who produced the said parcels before the investigating officer (PW-15); the investigating officer (PW-15) took the aforesaid articles into possession through recovery memos (Ex.PQ, Ex.PP, Ex.PT, Ex.PR, Ex.PS and Ex.PK); the investigating officer (PW-15), after drafting application for postmortem (Ex.PD), application for issuance of docket for postmortem, preparing injury statement (Ex.PE) and inquest report (Ex.PF), sent the dead body of deceased Zaheer Abbas to mortuary of DHQ Sheikhupura through Niaz Ahmad and Muhammad Akmal/C (PW-13); on the same day, Niaz Ahmad produced before him (PW-15), last worn clothes i.e. blood stained pent (P-1) and shirt (P-2), which he (PW-15) took into possession through recovery memo (Ex.PJ) and also recorded statements of witnesses under section 161 of Cr.P.C.; he (PW-15)-the investigating officer handed over all the recovered articles to Moharrar for safe custody and also recorded his statement under section 161 of Cr.P.C.; the dead body of the deceased was handed over to the legal heirs of deceased and receipt of dead body (Ex.PB) was also prepared and signed by the PWs; after that, the investigating officer (PW-15) remained in search of accused persons; on 26.03.2019, Moharrar handed over to him (PW- 15) sealed parcel for onward transmission to the office of PFSA, Lahore, which he deposited there, intact; he (PW-15)-the investigating officer joined PWs Saif Ullah, Muhammad Khalid, Muhammad Akmal and Zaka Ullah Moharrar in investigation and recorded their statements under section 161 of Cr.P.C.; on 27.03.2019, he (PW-15)-the investigating officer recorded statement of Moharrar Zaka Ullah under section 161 of Cr.P.C. regarding sending of one led bullet, blood stained uniform, blood stained cotton and official vehicle to PFSA, Lahore for analysis; on 10.04.2019, the investigating officer (PW-15) joined Abdul Ali Yousaf, Arif SI, Mukhtar Ahmad ASI, Abdul Jabbar ASI, Ali Ahmad ASI
---
## Page 3
and Abu Bakar constable in investigation and recorded their statements in connection with case FIR No.220/19 P.S. Sharqpur Sharif; on 23.04.2019, the Investigating Officer (PW-15) summoned Ashiq Hussain Patwari (PW-2), who prepared the scaled site plan of the place of occurrence (Ex.PA & Ex.PA/1); after that, the investigating officer (PW-15) obtained non-bailable warrants of arrest of accused Waris Ali (Ex.PL), Allah Ditta (Ex.PM), Ghaznfar and Pervaiz; on 02.05.2019, he (PW-15)-the investigating officer prepared Saqat challan against accused Nawaz alias Riaz; on 05.05.2019, the investigating officer (PW-15) arrested Ghaznfar and Pervaiz (appellants No.1 & 2), muffled their faces and got them sent to judicial lockup on 06.05.2019 for their identification parade; on 07.05.2019, he (PW-15) filed application for fixation of date of identification parade proceedings to Magistrate, who fixed the date as 09.05.2019; on 09.05.2019, identification parade of accused Ghaznfar and Pervaiz (the appellants No.1 & 2) was conducted in District Jail Sheikhupura, wherein the PWs correctly identified them; the investigating officer (PW-15) joined the PWs in investigation, recorded their statements about the identification parade and also received certified copy of identification parade proceedings; on 13.05.2019, the investigating officer (PW-15) after obtaining physical remand of accused Ghaznfar Ali and Pervaiz (the appellants No.1 & 2), interrogated them and on 14.05.2019, accused/appellants made separate disclosures regarding commission of different occurrences including the occurrence in hand and also disclosed the names of their co- accused; on 16.05.2019, he (PW-15)-the investigating officer produced both the accused in THQ Hospital for their medical examination; during investigation on 24.05.2019 accused Ghaznfar (the appellant No.1) made disclosure and got recovered weapon of offence i.e. rifle-303 (P-3) alongwith 01-crime empty (P-4) and 2-live bullets (P-5/1-2), which were secured into possession by the investigating officer (PW-15) through recovery memo (Ex.PU); the investigating officer (PW-15) also prepared rough site plan of place of recovery (Ex.PU/1) and drafted a separate complaint for registration of case under section 13/20/65 A.O and sent the same to the police; on the same day i.e. 24.05.2019 accused Pervaiz (the appellant No.2) made disclosure and got recovered weapon of offence i.e. rifle-303 (P-6) alongwith 01-crime empty (P-7) and 2-live bullets (P-8/1-2), which were secured into possession by the investigating officer (PW-15) through recovery memo (Ex.PV); the investigating officer (PW-15) also prepared rough site plan of place of recovery (Ex.PV/1) and drafted a separate complaint for registration of case under section 13/20/65 A.O and sent the same to the police; on 29.05.2019 he (PW-15)-the investigating officer got sent the accused persons Ghazanfar and Pervaiz (appellants No.1 & 2) to judicial lockup and prepared incomplete challan against them on 30.05.2019; after that, on 17.06.2019, Awais Moharrar (PW-6) handed over the parcels of recovered firearms, crime empties and live bullets to him (PW-15) for onward transmission to the office of PFSA, Lahore, which he (PW-15) deposited over there on the same day, intact; on 24.06.2019, the investigating officer (PW-15) recorded statement of Mushtaq Ahmad ASI regarding execution of non-bailable warrant of accused Waris and Allah Ditta; on 25.06.2019, he (PW-15)- the investigating officer obtained proclamations of accused Waris (Ex.PN) and Allah Ditta (Ex.PO); on 26.06.2019, Mushtaq Ahmad ASI returned the proclamations with his reports (Ex.PN/1 and Ex.PO/1); on 25.07.2019, he (PW-15)-the investigating officer arrested accused Waris Ali (the appellant No.3) and muffled his face and sent him to judicial lockup on 26.07.2019 for identification parade; on 27.07.2019, he (PW-15) filed application for fixation of date of identification parade proceedings to Magistrate; on 27.07.2019, identification parade of accused Waris Ali (the appellant No.3) was conducted in District Jail Sheikhupura, wherein the PWs correctly identified him; the investigating officer (PW-15) joined the PWs in investigation, recorded their statements about the identification parade and also received certified copy of identification parade proceedings; on 31.07.2019, Muhammad Awais Moharrar (PW-6) handed over to him (PW-15) one sealed parcel of led bullet for depositing the same to the office of PFSA, Lahore, which he (PW-15) deposited over there on 01.08.2019, intact; on 09.08.2019, the investigating officer (PW-15) obtained physical
---
## Page 4
remand of accused Waris Ali (the appellant No.3); on 10.08.2019, he (PW-15)- the investigating officer produced the accused Waris Ali in DHQ Hospital Sheikhupura for his medical examination; during investigation on 16.08.2019 accused Waris Ali (the appellant No.3) made disclosure and got recovered weapon of offence i.e. rifle 7-MM (P-9) alongwith 3-live bullets (P-10/1-3), which were secured into possession by the investigating officer (PW-15) through recovery memo (Ex.PW); the investigating officer (PW-15) also prepared rough site plan of place of recovery (Ex.PW/1) and drafted a separate complaint for registration of case under section 13/20/65 A.O and sent the same to the police; after that, on 19.08.2019 he (PW-15)-the investigating officer got sent the accused Waris Ali (appellant No.3) to judicial lockup; on 26.08.2019, Shahid Hussain Moharrar (PW- 16) handed over to him (PW-15) sealed parcels said to contain rifle 7-MM and live bullets for its onward transmission to the office of PFSA, Lahore, which he (PW-15) deposited over there, intact; on 28.08.2019, he (PW-15)-the investigating officer got declared accused Allah Ditta P.O and after preparing challan on 29.08.2019, submitted the same before the Court. 5. After investigation, Shehbaz Ali, Inspector (PW-15), prepared a challan and sent the same to the court of competent jurisdiction while placing the names of all accused persons in Column No.3 of the challan. On 23.09.2019, the trial court formally charge-sheeted the appellants, to which they pleaded not guilty and claimed trial. In support of its version, the prosecution produced as many as eighteen (18) witnesses. 6. The prosecution case rests on the oral evidence of Saif Ullah S.I (PW-12)-the complainant, Muhammad Khalid 182/DC (PW-9), and Muhammad Akmal 2129/C (PW-13). Dr. Zahoor Ahmad, District Medico Legal Officer (PW-4), deposed that on 23.03.2019, he, the member of the board, conducted postmortem examination on the body of the deceased, Zaheer Abbas 2138/C, and found the following injuries on his person: - INJURIES. 1 An irregular shaped firearm wound of entry 1.7 x 1 c.m on back of right side of chest, 26 c.m below the dip of shoulder and 6 c.m from midline, making an exit wound 1.7 x 0.5 c.m, slit like on front of right side of chest, 8.5 c.m from nipple at 11 O Clock position. On dissection skin, muscles, blood vessels, diaphragm, liver, right lung were found damaged. Right chest cavity was full of clotted blood. One metallic piece recovered by extending the exit wound by postmortem incision, signed and handed over to police. 2 An abrasion 2.5 x 1.7 c.m on front of right side of chest, 7 c.m from nipple at 1 O Clock position. After conducting the postmortem examination, the board unanimously rendered the following opinion: - OPINION "We were of unanimous opinion that death occurred due to severe hemorrhage, shock and injury to vital organ. Injury No.1 individually was sufficient to cause death of a human being in an ordinary course of nature. The probable time that elapsed between injury and death was about 01 hour, and the time that elapsed between death and postmortem was 06 to 12 hours." Ex.PC is the correct carbon copy of the postmortem report, whereas Ex.PC/1 and Ex.PC/2 are pictorial diagrams of injuries. The statements of the remaining prosecution witnesses are formal. 7. The learned Deputy Prosecutor General gave up PWs, Zulfiqar Ali 1085/C, Dr. Asad, Ali Ahmad TASI, Muhammad Saleem 981/C, Muhammad Azeem 679/C, Muhammad Afzal ASI, Abdul Yousaf Inspector, Arif Mahmood SI, Abdul Jabbar ASI, Dr. Adnan Murtaza, Qaisar Abbas, Dr. Adil Shahzad, Dr. Muhammad Shafiq, Dr. Touseef Ahmad, Dr. Niaz Ahmad, Safar 702/C, Irfan 1827/C, Javed 474/C and Adil Subjani 2163/C being unnecessary and closed the prosecution evidence after tendering the report of DNA (Ex. PBB), Firearms and Toolmarks Examination Reports (Ex. PCC, Ex. PDD and Ex. PFF).
---
## Page 5
8. After the closure of prosecution evidence, the appellants were examined under Section 342 of Cr.P.C., wherein neither they opted to appear as their own witnesses in terms of Section 340 (2) Cr.P.C. nor opted to produce any evidence in their defense, except Ghzanfar Ali (the appellant No.1), who tendered a copy of FIR No.220/2019 (Mark-A) and copies of writ petition No.19212/2019 and writ petition No.45101/2019 (Ex. DC & Ex. DD respectively) in his defense. In response to a particular question about why this case was against them and why the PWs had deposed against them, Ghazanfar Ali alias Manzoor (appellant No.1) made the following deposition: - "I was involved in this case alongwith my family members due to enmity of my uncle deceased Nawaz alias Nawaz who had contracted second marriage with one Musarrat. My uncle was murdered in fake police encounter and police just to save the skin involved me in this false case. In fact I was lifted by the police on 29/30.07.2019 and later on involved me in this false case. Nothing has been recovered from me. All the PWs are official witnesses in this case. No independent piece of evidence is available on record in order to connect me with the commission of offence or to verify the prosecution case." Pervaiz alias Parwaz (the appellant No.2) made the following deposition: - "I was involved in this case alongwith my family members due to enmity of my uncle deceased Nawaz alias Nawaz who had contracted second marriage with one Musarrat. My uncle was murdered in fake police encounter and police just to save the skin involved me in this false case. In fact I was lifted by the police on 29/30.07.2019 and later on involved me in this false case. Nothing has been recovered from me. All the PWs are official witnesses in this case. No independent piece of evidence is available on record in order to connect me with the commission of offence or to verify the prosecution case." Whereas Waris Ali (appellant No.3) made the following deposition: - "I was involved in this case due to fake encounter of my brother Nawaz alias Nawazu by the police. I am resident of district Nanaka Sahib. My relative namely Ishfaq is police tout. I have enmity with said Ishfaq. Due to enmity I was involved falsely by the police. In fact I was lifted by the police on 26.07.2019 and later on involved me in this false case. Nothing has been recovered from me. All the PWs are official witnesses in this case. No independent piece of evidence is available on record in order to connect me with the commission of offence or to verify the prosecution case." 9. After evaluating the evidence available on record in the light of arguments advanced from both sides, the trial court found the prosecution version proved beyond any shadow of reasonable doubt, resulting in the appellants' conviction in the afore-stated terms. 10. We have heard the arguments advanced by the learned counsel for the parties and have minutely perused the record on the file. 11. The entire prosecution case against the appellants, Ghazanfar alias Manzoor, Pervaiz Alias Parwaz, and Waris Ali, rests on the oral evidence of Muhammad Khalid 182/DC (PW-9), Saif Ullah S.I. (PW-12)-complainant, and Muhammad Akmal 2129/C (PW-13) who claimed to be eyewitnesses to the incident which took place about 03:10 a.m. on 23.03.2019 wherein Zaheer Abbas 2138/Constable received firearm injury on his back and exited from the right side of his chest after passing through a sheet (Tarpaul) of the official vehicle. Zaheer Abbas 2138/Constable (then injured) was shifted to the THQ Hospital Sharaqpur Sharif. Later on, Zaheer Abbas, 2138/Constable, was referred to Mayo Hospital, Lahore, where he succumbed to the injuries. As per the prosecution case narrated in the written complaint (Ex.PH) and FIR (Ex.PH/1), five unknown bandits armed with firearm weapons blocked the road by planting a tree. They were standing there, and the road was also barricaded. Their faces were visible in the light of the vehicle's headlights. On seeing the police party, the accused fled towards "Bagh Amrud." They took cover and opened fire on the police vehicle indiscriminately, and the police did not get a chance to retaliate. However, the police party made a
---
## Page 6
few fire shots in self-defense. Meanwhile, one of the robbers' fire shot hit Zaheer Abbas, 2138/Constable, crossing the "Tarpaul" of the vehicle on the back and exiting from the side of the chest. The robbers managed to escape towards the garden by taking advantage of the darkness and opening fire. The narration of allegations in the written complaint (Ex.PH) and FIR (Ex.PH/1), and later on deposed by Muhammad Khalid 182/DC (PW-9), Saif Ullah S.I. (PW-12)-complainant, and Muhammad Akmal 2129/C (PW-13) reveals that unknown accused persons committed the incident wherein, Zaheer Abbas, 2138/Constable lost his life. The learned Additional Prosecutor General submitted that the prosecution witnesses identified the appellants during the identification parade on 09.05.2019 and 29.07.2019, respectively. It cannot be disputed that in cases relating to unknown accused/robbers, the prosecution witnesses' identification of the accused is the main evidence. The prosecution has to satisfy itself that the witnesses were in a position to identify the culprits, and before the identification parade, they were not known to them. If the witnesses nominated the unknown accused before the identification parade, the identification of the unknown accused during identification proceedings by the witnesses should not be accepted. In the cases of unknown accused, any claim that the witnesses identified the culprits for the offence has to be examined by the Court carefully and diligently concerning the circumstances of the particular case. Shehbaz Ali Inspector (PW-15)-the investigating officer deposed during examination-in-chief that: - "On 05.05.2019 I arrested accused Ghaznfar and Pervaiz and muffled their faces and locked them in the lockup of Police Station. On 06.05.2019 both the above said accused were sent to judicial lockup for identification parade. On 07.05.2019 I filed application for fixation of date of identification parade proceedings to Magistrate who fixed the date as 09.05.2019. On 09.05.2019 identification parade of accused Ghazanfar and Pervaiz was conducted in District Jail Sheikhupura in which PWs correctly identified them. On 25.07.2019 I arrested accused Waris Ali and muffled his face. On 26.07.2019, I sent the accused to judicial remand for identification parade. On 27.07.2019 I filed application before the area Magistrate for fixation of date of identification parade. On 29.07.2019 identification parade of accused Waris Ali held at District Jail, Sheikhupura in which PWs Saif Ullah, Muhammad Khalid and MuhammadAkmal correctly identified the accused." During cross-examination, Shehbaz Ali Inspector (PW-15)-the investigating officer, deposed that: - "The accused were searched from the vicinity and periphery of the place of occurrence. Complainant and PWs disclosed to me the names of accused persons." Muhammad Khalid 182/DC (PW-9) deposed during examination-in-chief that: - "On inquiry by local police it came to the knowledge that Waris Ali, Pervez, Ghazanfar present before the Court, Imran, Allah Ditta and Nawaz alias Riaz used to commit dacoity in this area, hence they were nominated in this case." Muhammad Khalid 182/DC (PW-9) admitted during cross-examination that he (PW-9) nominated the accused, but he could not make a satisfactory reply about the source of information. The relevant portion of the testimony of Muhammad Khalid 182/DC (PW-9) is reproduced hereunder: - "On 26.03.2019 the accused were nominated. I do not remember upon whose information the accused were nominated. In my presence none had named the accused. Again stated that the I.O had named the accused persons." Similarly, Saif Ullah S.I. (PW-12)-complainant deposed during examination-in-chief that: - "On 26.03.2019 I got recorded my supplementary statement in which I nominated six accused persons namely Waris, Pervaiz alias Parwaz, Ghaznfar, Allah Ditta, Imran and Nawaz alias Riaz." Saif Ullah S.I. (PW-12)-complainant also deposed during cross-examination that: - "Some spy had informed the names and parentages of the accused persons." Muhammad Akmal 2129/C (PW-13) deposed during examination-in-chief that: -
---
## Page 7
"I nominated six accused persons namely Waris, Pervaiz alias Parwaz, Ghaznfar, Allah Ditta, Imran and Nawaz alias Riaz. I.O recorded my statement u/s 161 Cr.P.C." Muhammad Akmal 2129/C (PW-13) also deposed during cross-examination that: - "I had named the accused in my statement however, I had not recorded the description of accused persons in my statement recorded on 26.03.2019. I had not recorded the names of accused in my statement dated 30.03.2019.------I came to know about the accused persons from my own sources. We came to know about the accused persons after one day of the occurrence." The deposition of Muhammad Khalid 182/DC (PW-9), Saif Ullah S.I. (PW-12)-complainant, Muhammad Akmal 2129/C (PW-13), and Shehbaz Ali Inspector (PW-15)-the investigating officer, reveals that the appellants were named as accused on 26.03.2019 before the proceedings of identification parade. Shehbaz Ali Inspector (PW-15)-the investigating officer also obtained non- bailable warrants of arrest of the appellants. On perusal of the non-bailable warrant of arrest Ex-PL, it reveals that the same was issued on 02.05.2019 by mentioning the name, parentage, caste, and…
Read the unabridged text and precedent citation network on Al Wakeelo Legal Research Platform.