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Petitioner: MUHAMMAD YAR and 5 others VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Rao Iqbal Ahmad Khan, Ch. Muhammad Nasim Title: MUHAMMAD YAR and 5 others vs THE STATE Case No.: Criminal Appeal No,168 of 1993 Date of Judgment:1997-09-10 Reported As: 1998 P Cr. L J 247 Result: Order accordingly
JUDGMENT
JUDGMENT ' MUHAMMAD NASEEM CHAUDHRI, J.--- An occurrence took place on 6-7-1991 at 9-30 a.m. In front of Alaf Mohallah, Rabwah within the area of Police Station Rabwah, District Jhang wherein five persons namely Haji Muhammad Sarfraz, Musarrat Abbas, Zahoor Ahmad, Khizar Hayat and Ahmad Ali Machhi were murdered. The investigation of the case was conducted. The challan was submitted. The appellants-convicts namely Muhammad Yar son of Wali Muhammad, Yara alias Allah Yar son of Shahu, Zafar alias Zafar Abbas son of Rehma, Ahmad son of Muhammad all Rahuka Lali by caste and residents of Khai, Tehsil Chiniot, District Jhang. Mian Ahmad son of Mian Amir, caste Lali, resident of Shamlat, Tehsil Chiniot, District Jhang, Muhammad Nawaz son of Muhammad Baldish, caste Bhatti, resident of Peer Ranjha, Tehsil Chiniot, District Jhang; three proclaimed offenders- convicts namely Tahir Ahmad alias Tahiri son of Muhammad Yar, Barkhurdar alias Barkha son of Muhammad and Muhammad Hayat alias Fauji, all Rahuka Lali by caste, residents of Village Khai, Tehsil Chiniot, District Jhang; acquitted accused namely Manzoor Ahmad son of Ghulam Hussain, Muhammad Hayat son of Rehma and Khizar Hayat son of Rahma, all Rahuka Lali by caste and residents of village Khai, Tehsil Chiniot, District Jhang and acquitted accused namely Ahmad Sher son of Sikandar Khan, caste Bhatti, resident of Chak No,138, Tehsil Chiniot, District Jhang were tried by Mr. Shafique Ahmad Butt, Judge, Special Court No,1 for Suppression of Terrorist Activities, Rawalpindi Division, Rawalpindi. Tahir Ahmad alias Tahiri, Barkhurdar alias Barkha and Muhammad Hayat alias Fauji proclaimed offenders were tried in absentia who as required by law were provided the assistance of the Advocates. 2. The aforesaid persons were charged under section 302/34/109/120-B, Pakistan Penal Code.
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3. As expressed above, Manzoor Ahmad son of Ghulam Hussain, Ahmad Sher son of Sikandar Khan, Muhammad Hayat son of Rehma and Khizar Hayat son of Rehma were acquitted. The proclaimed offenders namely Tahir Ahmad alias Tahiri, Barkhurdar alias Barkha and Muhammad Hayat alias Fauji were convicted in absentia alongwith the appellants. 4. Following sentences were awarded to the convicts:-- (vi) Death penalty each and fine of Rs,1,00,000 each or in default of its payment to undergo R.I. For a period of two years each under section 302/34, P.P.C. The fine if recovered shall be given to the respective heirs of the respective deceased (on each five counts).A.(i)Muhammad Yar son of Wali Muhammad. Yara alias Allah Yar son of Shahu. Zafar alias Zafar Abbas son of RahmaTahir Ahmad alias Tahiri son of Muhammad Yar (in absentia).Barkhurdar alias Barkha son of Muhammad (in absentia). B.(i) Muhammad Yar son of Wali Muhammad.Mian Ahmad son of Amir.Tahir Ahmad alias Tahiri son of Muhammad Yar (in absentia).C.(i) Muhammad Yar son of Wali Muhammad. Muhammad Nawaz son of Muhammad Bakhsh.Ahmad son of Muhammad Life imprisonment each under section 302/109, Pakistan Penal Code (on each five counts). Barkhurdar alias Barkha son of Muhammad (in absentia). Life imprisonment each under section 120-B, Pakistan Penal Code (on each five counts). A.(i)Muhammad Yar son of Wali Muhammad. (ii) A.(i)Muhammad Yar son of Wali Muhammad. Yara alias Allah Yar son of Shahu. (iii) A.(i)Muhammad Yar son of Wali Muhammad. Yara alias Allah Yar son of Shahu. Zafar alias Zafar Abbas son of Rahma (iv) A.(i)Muhammad Yar son of Wali Muhammad. Yara alias Allah Yar son of Shahu. Zafar alias Zafar Abbas son of RahmaTahir Ahmad alias Tahiri son of Muhammad Yar (in absentia). (v) A.(i)Muhammad Yar son of Wali Muhammad. Yara alias Allah Yar son of Shahu. Zafar alias Zafar Abbas son of RahmaTahir Ahmad alias Tahiri son of Muhammad Yar (in absentia).Barkhurdar alias Barkha son of Muhammad (in absentia). A.(i)Muhammad Yar son of Wali Muhammad. Yara alias Allah Yar son of Shahu. Zafar alias Zafar Abbas son of RahmaTahir Ahmad alias Tahiri son of Muhammad Yar (in absentia).Barkhurdar alias Barkha son of Muhammad (in absentia). B.(i) Muhammad Yar son of Wali Muhammad. (ii) A.(i)Muhammad Yar son of Wali Muhammad. Yara alias Allah Yar son of Shahu. Zafar alias Zafar Abbas son of RahmaTahir Ahmad alias Tahiri son of Muhammad Yar (in absentia).Barkhurdar alias Barkha son of Muhammad (in absentia). B.(i) Muhammad Yar son of Wali Muhammad.Mian Ahmad son of Amir. (iii) A.(i)Muhammad Yar son of Wali Muhammad. Yara alias Allah Yar son of Shahu. Zafar alias Zafar Abbas son of RahmaTahir Ahmad alias Tahiri son of Muhammad Yar (in absentia).Barkhurdar alias Barkha son of Muhammad (in absentia). B.(i) Muhammad Yar son of Wali Muhammad.Mian Ahmad son of Amir.Tahir Ahmad alias Tahiri son of Muhammad Yar (in absentia). A.(i)Muhammad Yar son of Wali Muhammad. Yara alias Allah Yar son of Shahu. Zafar alias Zafar Abbas son of RahmaTahir Ahmad alias Tahiri son of Muhammad Yar (in absentia).Barkhurdar alias Barkha son of Muhammad (in absentia). B.(i) Muhammad Yar son of Wali Muhammad.Mian Ahmad son of Amir.Tahir Ahmad alias Tahiri son of Muhammad Yar (in absentia).C.(i) Muhammad Yar son of Wali Muhammad. (ii) A.(i)Muhammad Yar son of Wali Muhammad. Yara alias Allah Yar son of Shahu. Zafar alias Zafar Abbas son of RahmaTahir Ahmad alias Tahiri son of Muhammad Yar (in absentia).Barkhurdar alias Barkha son of Muhammad (in absentia). B.(i) Muhammad Yar son of Wali Muhammad.Mian Ahmad son of Amir.Tahir Ahmad alias Tahiri son of Muhammad Yar (in absentia).C.(i) Muhammad Yar son of Wali Muhammad. Muhammad Nawaz son of Muhammad Bakhsh. (iii) A.(i)Muhammad Yar son of Wali Muhammad. Yara alias Allah Yar son of Shahu. Zafar alias Zafar Abbas son of RahmaTahir Ahmad alias Tahiri son of Muhammad Yar (in absentia).Barkhurdar
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alias Barkha son of Muhammad (in absentia). B.(i) Muhammad Yar son of Wali Muhammad.Mian Ahmad son of Amir.Tahir Ahmad alias Tahiri son of Muhammad Yar (in absentia).C.(i) Muhammad Yar son of Wali Muhammad. Muhammad Nawaz son of Muhammad Bakhsh.Ahmad son of Muhammad (v) Muhammad Hayat alias Fauji son of Khan (in absentia). 5. The aforesaid convicts who faced and defended the trial in person have preferred Criminal Appeal No,168 of 1993 being disposed of through this judgment. 6. However, the proclaimed offenders namely Tahir Ahmad alias Tahiri, Barkhurdar alias Barkha and Muhammad Hayat alias Fauji have neither appeared before the trial Court in accordance with law nor preferred the appeal(s). 7. The facts of the prosecution case, giving rise to this appeal, are contained in F.I.R. Exh.P.K. Recorded by Younas Ali, S.-I. P.W.17 at Police Station Rabwah, District Jhang on 6-7-1991 at 10-15 a.m., at the instance of Liaquat Ali complainant P.W.3 son of Haji Muhammad Sarfraz deceased and real brother of Musarrat Abbas deceased. According to Liaquat Ali complainant P.W.3 he was resident of village Walla Police Station Barana and was a Zamindar by profession. They had enmity with Muhammad Yar convict son of Wali Muhammad due to murders. The cases were pending in the Court. On that day (6-7-1991) he (Liaquat Ali complainant P.W.3), Sher Muhammad P.W.4 son of Laal, Khizar Hayat P.W. Son of Ch. Sultan and Muhammad Khalid P.W. Son of 'Iaji Muhammad Hayat (both given up) were in Car No,LEO-897 while his father Haji Muhammad Sarfraz alongwith his real brother Musarrat Abbas deceased, Khizar Hayat deceased son of Wali Muhammad and Ahmad Ali Machhi deceased was in Car No,SLC 4141 being driven by Zahoor Ahmad deceased. They were coming back after attending the Court of the Additional Sessions Judge, Chiniot. Car No, SLC 4141 was ahead of his Car No,LEO-897. They reached Adda Nalka in front of Mohallah Alaf, Rabwah at 9- 30 a.m., when a white coloured Toyota Corolla car crossed his car and reached Car No,SLC 4141. The third car crossed Car No,SLC 4141 from which a burst was fired at Zahoor Ahmad driver (deceased) who lost his eye and could not control the car which went towards the left Kacha side of the road and stopped. From the white coloured car which was without number emerged the convicts namely Muhammad Yar son of Wali Muhammad, Tahir Ahmad alias Tahiri proclaimed offender, Barkhurdar alias Barkha proclaimed offender, Zafar son of Rahma each armed with klashnikov and Yara son of Shahu armed with a mauser. They went running towards the car of his father Haji Muhammad Sarfraz. Muhammad Yar convict fired a burst which hit his father Haji Muhammad Sarfraz on the backside of his head. Tahir Ahmad alias Tahiri proclaimed offender fired at his brother Musarrat Abbas on the back of his head. Zafar convict-proclaimed offender fired a burst which hit the right side of abdomen of Khizar Hayat deceased sitting on the back seat on the right side of the car. Barkhurdar alias Barkha (proclaimed offender-convict) fired a burst hitting Zahoor Ahmad deceased on the left side of his head. Yara son of Shahu fired from his mauser which hit Ahmad Ali Machhi who was sitting on the back seat which hit his neck. Thereafter, the aforesaid convicts started indiscriminate firing on all sides of car in which his father and others were sitting. His father Haji Muhammad Sarfraz, his brother Musarrat Abbas, Khizar Hayat, Zahoor Ahmad and Ahmad Ali Machhi expired there and then and the car was badly damaged. The firing attracted many persons who could not interfere due to fear. The licensed gun of his father Haji Muhammad Sarfraz was picked by Tahir Ahmad alias Tahiri (convict). Thereafter, all the aforesaid convicts (assailants) effected the firing in the air, sat in their car and raced towards Sargodha Road. According to Liaquat Ali complainant P.W.3 he left Sher Muhammad P.W.4 as well as both the given up P. Ws. Namely Muhammad Khalid and Khizar Hayat with the dead bodies and came to the police station who prayed for taking the legal action. 8. From the Police Station Rabwah, Younas Ali, S.-I. Investigating Officer (P.W.17) alongwith the police party immediately reached the place of occurrence which is at a distance of one kilometre from
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the said police station. He took into his possession the five dead bodies of Haji Muhammad Sarfraz, Musarrat Abbas, Khizar Hayat, Ahmad Ali Machhi and Zahoor Ahmad. He prepared the respective injury statement and inquest report pertaining to each of the deceased and sent the dead bodies to mortuary in Civil Hospital, Lalian under the escort of Khan Muhammad, Constable P.W.6. He made the spot inspection and prepared the spot inspection note. He prepared rough site plan Exh.P.Z. He took into possession 98 crime empties of klashnikov and two empties of pistol vide memo. Exh.P.P. Attested by Amir Ali P.W.10 and Manzoor Ali P.W. (given up). He sealed the empties into a separate parcel. He took into possession blood-stained five pieces of mat from beneath the respective seat of the deceased persons vide memo. Exh.P.Q. To Exh.P.U. He took into possession Car No,SLC 4141 vide memo. Exh.P.V. He got prepared 13 photographs P.23/1-13 from Ahmad Zaman Tanveer, Photographer P.W.16 and took the same into his possession vide Exh.P.Y. Last worn clothes of the deceased persons were produced before him by Khan Muhammad, Constable P.W.6 after the post-mortem examination which were taken into possession vide Exh.P.L. He handed over the sealed parcels to Faqir Hussain, Moharrir/Head Constable P.W.7. 9. He recorded the statements of the other eye-witnesses on 6-7-1991 who supported the complainant. He recorded the statement of Malik Muzaffar Abbas P.W.13 under section 161 of the Code of Criminal Procedure who stated before him on 6-7-1991 that he was a supervisor in Fauji Foundation Sugar Mills, Circle Lalian, that Ahmad accused son of Amir was a contractor of sugarcane, that on 5-7-1991 he had gone to the house of Ahmad accused when he was told that Ahmad had gone to the house of Zahoor Ahmad Lali, Advocate (accused since discharged) whereupon he went to the house of the said Advocate. In the "Baithak" of Zahoor Ahmad Lali, Advocate were sitting Ahmad Sher accused (since discharged) son of Ahmad Hayat, Manzoor Hussain accused (since acquitted) and Ahmad convict son of Amir. In the meanwhile Muhammad Yar convict also arrived. They started talking. Muhammad Yar convict asked from Zahoor Ahmad Lali, Advocate about him (Malik Muzaffar Abbas P.W.) when the said Advocate told him that he had arrived to meet Ahmad convict and that was not objectionable matter. Thereafter, Zahoor Ahmad Lali asked about the programme for the murder of Sarfraz Lali deceased and warned them that if Sarfraz Lali would not be murdered, none of them should feel secure. On that Muhammad Yar, Ahmad Sher and Manzoor Hussain intimated him about different programmes made by them. Thereafter, Zahoor Ahmad Lali, Advocate told the other persons that Sarfraz Lali had to go to the Court of Additional Sessions Judge on 6-7-1991 unarmed and they chalked out the programme to murder him on 6-7-1991. The tea was served and thereafter, the aforesaid persons left them. He continued that he went to the house of Haji Muhammad Sarfraz Lali in Mauza Walla to inform him about the programme chalked out against him unfortunately he had gone outside. On the next day he went to Chiniot for the aforesaid purpose but Haji Muhammad Sarfraz Lali had left the Court after attending the same and later on he came to know at 10-25 a.m. About the murder of Haji Muhammad Sarfraz Lali, Musarrat Abbas and three other persons within the area of Police Station Rabwah. According to him the aforesaid five persons were murdered with the abetment of Zahoor Ahmad Lali, Advocate, Ahmad Sher (both discharged accused) as well as Manzoor Hussain (acquitted accused) and Ahmad (convict). The statement of Ahmad Yar P.W.11 was recorded by the Investigating Officer on 7-7-1991 when he stated that he carried on the business of sale and purchase of cattle alongwith Abdul Ghani. He was on business terms with Ahmad Sher Bhatti (acquitted accused) son of Sikandar Khan. On 5-7-1991 he went to Ahmad Sher Bhatti (acquitted accused) alongwith Abdul Ghani in the evening and due to the advent of night stayed with him. At 8-00 p.m. Muhammad Yar convict, Barkhurdar alias Barkha proclaimed offender-convict, Muhammad Nawaz Bhatti convict alongwith two other persons arrived in one car. Muhammad Yar acquitted accused, Ahmad convict son of Muhammad, Muhammad Hayat alias Fauji (proclaimed offender-convict), Khizar Hayat (acquitted accused) son of Rahma arrived there in another car.
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Ahmad Sher Bhatti was present in his house who was called by Muhammad Nawaz convict. At that time Muhammad Yar convict addressed Ahmad Sher Bhatti acquitted accused) that the time had arrived to murder Haji Muhammad Sarfraz and others who had given shelter to the persons who had murdered his brother and nephew and that Haji Muhammad Sarfraz and others would be murdered on the next day. They demanded for weapons as promised earlier. Thereafter, Ahmad Sher Bhatti went to his house and brought one mauser, one pupish gun, one klashnikov and one bag wherein perhaps were the cartridges from his house and handed over to Muhammad Yar and others. Thereafter, Muhammad Nawaz and Ahmad Yar addressed Muhammad Yar and others that after murdering their enemies what they would do about their enemies? Whereupon, they were intimated that thereafter, was the turn of their enemies. The persons left in both the cars. Muhammad Nawaz Bhatti convict and Ahmad Sher went to their house. Much of the night had passed. Earlier in the morning they went to Haji Muhammad Sarfraz in Mauza Walla to inform about the conspiracy hatched against him but they had gone to Chiniot. Thereafter they came to know in Lalian that Haji Muhammad Sarfraz, Musarrat Abbas and their three companions had been murdered in Rabwah. Shamma P.W.12 was examined on 9-7-1991 by the Investigatmg Officer under section 161 of the Code of Criminal Procedure who deposed before him that on the night falling between 5/6-7-1991 he was watering his land in Mauza Khai at 3-00 a.m. When he saw the light of a car. He was having a lantern with him. He went near the car and saw that Muhammad Yar son of Wali and Barkha son of Muhammad each armed with klashnikov alighted from the car. Three persons remained sitting whom he could not identify due to darkness. Muhammad Yar and Barkha went to the house of Manzoor after meeting him. He started his work of watering land. After half an hour Muhammad Yar, Barkha and Manzoor arrived back. Muhammad Yar told Manzoor that on the next day was the date of hearing when he must arrive as the work would be done. Thereafter they went away. 10. Dr. Muhammad Sharif, Medical Officer, Rural Health Centre, Lalian, District Jhang P.W.1 conducted the post-mortem examination on the respective dead bodies of Haji Muhammad Sarfraz, Musarrat Abbas, Zahoor Ahmad, Khizar Hayat and Ahmad Ali Machhi on 6-7-1991. He found seventeen injuries on the person of Musarrat Abbas deceased, twenty-two injuries on the person of Khizar Hayat deceased, nineteen injuries on the person of Zahoor Ahmad deceased, eight injuries on the person of Ahmad Ali Machhi deceased and seventeen injuries on the person of Haji Muhammad Sarfraz deceased. According to him the cause of death was internal haemorrhage and other injuries on each dead body. He issued respective post-mortem reports Exh.P.A., Exh.P.E., Exh.P.F., Exh.P.G. And Exh.P.H. In respect of the aforesaid deceased persons. Mumtaz Hussain P.W.5 identified the dead body of his father Khizar Hayat at the time of post-mortem examination. Sher Muhammad P.W.4 identified the dead bodies of Haji Muhammad Sarfraz, Musarrat Abbas, Zahoor Ahmad and Ahmad Ali Machhi. 11. Tahir Ahmad alias Tahiri (convict-proclaimed offender) was arrested on 2-9-1991 while he was sleeping on a Charpai. The klashnikov P.17 and 15 live bullets P.18/1-15 were taken into possession by Younas Ali, S.-I. Vide memo. Exh.P.N. Attested by Muhammad Inayat Ullah P.W.9. P.17 and P.18/1-15 were sealed into a parcel and handed over to Muhammad Sharif, Moharrir/Head Constable P.W.14. Ahmad Sher (acquitted accused) son of Sikandar was also arrested while sleeping when pupish gun P.19 alongwith rounds P.20/1-18 were taken into possession vide memo. Exh.P.O. Attested by Muhammad Inayat Ullah P.W.9. Physical remand of Tahir Ahmad alias Tahiri (convict-proclaimed offender) was obtained who while under police arrest led to the recovery of rifle P.15 with live cartridges P.16/1-3 from the roof of a mosque situated in graveyard within the area of Mauza Dawar which was taken into possession vide memo. Exh.P.M. Attested by Falaksher P.W.B. 12. The sealed parcels were handed over to Khan Muhammad P.W.6 who delivered the same in the office of the Chemical Examiner and the Fire-Arms Expert.
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13. On 17-64992 Muhammad Rasheed, S.-I. P.W.15 arrested Muhammad Nawaz convict. Abid Hussain Shah Sherazi, Draftsman P.W.2 prepared site plan Exh.P.J. And Exh.P.J./1 on the pointedness of the P.Ws. On which the notes and drawings with black ink are in his hand which have been signed by him and the notes with red ink are in the hand of Younas Ali, S.-I. P.W.17 signed by him. 14. Muhammad Yar accused was employed in Allied Bank, Circle Office, Faisalabad who took up the plea of alibi and defence that he was present in his office on 6-7-1991 at 9-00 a.m. While the occurrence took place at a considerable distance of 40 kilometres at Rabwah at 9-30 a.m. In this regard Younas Ali, S.-I. P.W.17 visited the Circle Office, Allied Bank, Faisalabad on 14-10-1991 and inspected the Attendance Register. He did not give weight to the said plea of alibi. After completing the investigation he submitted the challan. 15. Tahir Ahmad alias Tahiri accused was arrested on 2-9-1991 who, however, absconded afterwards from a hospital. 16. Tahir Ahmad alias Tahiri, Barkhurdar alias Barkha and Muhammad Hayat alias Fauji became the fugitive of law who did not appear in spite of the proclamations. The trial was started by the trial Court. Syed Iftikhar Ali. Advocate was appointed to defend Tahir Ahmad alias Tahiri. Miss Tahira Kaleem, Advocate was appointed to defend Barkhurdar alias Barkha. Mr. Muhammad Basharat Ullah Khan, Advocate was appointed to defend Muhammad Hayat alias Fauji proclaimed offenders. 17. The trial Court charged the accused persons under section 302/34, Pakistan Penal Code on five counts, 302/109, Pakistan Penal Code and 120-B, Pakistan Penal Code. 18. At the trial the aforesaid P.Ws. Stood in the witness-box and supported the prosecution case. In his cross-examination Dr. Muhammad Sharif, Medical Officer P.W. Stated that all injuries except 4 on the person of Haji Muhammad Sarfraz deceased had been caused from the front side. He also deposed about the location of the injuries on the persons of the other deceased. Abid Hussain Sherazi, Draftsman P.W.2 stated that the car of the P.Ws. Was not mentioned in the site plans prepared by him. He stated that he did not mention the names of all the accused persons except Tahiri accused. Liaquat Ali complainant stated that one Khan was murdered and false case of his murder was registered against his father Haji Muhammad Sarfraz, Musarrat Abbas and others which were undertrial. He also mentioned the close relations of the accused persons. He denied the suggestion about his absence from the spot. Sher Muhammad P.W.4 admitted about the registration of some cases against him from 1954 to 1968 but claimed to be a Councillor afterwards and stated that he contested the election of Chairmanship of Union Council against Liaquat Ali complainant. Younas Ali, S.-I./Investigating Officer deposed in detail the facts of the investigation. The Assistant 'District Attorney tendered in evidence report Exh.P.A./1 of the Chemical Examiner and report Exh.P.B./1 of the Serologist, according to which the rubber mat and rubber dust were respectively stained with blood and human blood. He also produced report Exh.P.C./1 of the Technical Services, Crime Branch Punjab, Lahore making out the positive observation about the use of the crime empties from the klashnikov. 19. When examined under section 342 of the Code of Criminal Procedure all the accused persons tried by the trial Court stated about their non-participation in the occurrence and claimed to lie innocent. All the accused tried by the trial Court did not appear on oath in their respective defence. Muhammad Yar convict-appellant produced the defence evidence. 20. Mr. Atta Ullah Niazi retired D.S.P. D.W.1 stated about the investigation of one murder case during the year 1985 against Haji Muhammad Sarfraz deceased of this case. Aslam Raza, Officer Grade-I, Allied Bank, D.W.2 stated that on 6-7-1991 Muhammad Yar accused remained in the Bank Circle Office, Faisalabad from 9-00 a.m. To .1-00 p.m. As he was employed there. He referred to page 60 of the Attendance Register and produced a photostat of the same as Exh.D.P. He stated that the Attendance Register was signed by the Assistant Vice-President. In rebuttal he denied the
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suggestion that the Register was not properly being kept. He added that after page 60 there was no entry in the Register as a new Register was maintained. Muhammad Shard, A.S.-I., Police Station, Lalian D.W.3 produced photostats Exh.D.Q. Pertaining to the entries in the Register and Exh.D.R. Pertaining to the cases registered against Shera alias Sher Muhammad son of Lala. In his cross- examination he admitted that the cases against Shera alias Sher Muhammad were registered from 23-4-1954 to 23-6-1968. Muhammad Ismail, Constable D.W.4 proved Exh.D.S. Copy of wireless message sent immediately after the occurrence containing the facts of arrival of two cars, the occurrence and the departure of one car to Sargodha. 21. After hearing the parties learned trial Court convicted the' aforesaid appellants and the three aforesaid proclaimed offenders as narrated above while Manzoor Ahmad son of Ghulam Hussain, Ahmad Sher son of Sikandar Khan, Muhammad Hayat son of Rahma and Khizar Hayat son of Rahma were acquitted. 22. Feeling aggrieved the aforesaid six appellants who appeared during the trial and were convicted have preferred this appeal which has been resisted by the State as well as by the complainant. We have heard the learned counsel for the parties as well as the learned State Counsel and gone through the record before us. 23. To simplify and make easy this lengthy matter it would be proper to express that the prosecution has projected and led the evidence thereof to establish the following factual and legal aspects to connect the appellants and the proclaimed offenders-convicts with the…
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