Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUNIR & others VS Respondent: STATE
Court Name: Federal Shariat Court Judge(s): Agha Rafiq Ahmed Khan, Syed Afzal Haider, Shahzado Sheikh Title: MUNIR & others vs STATE Case No.:Crl. Appeal No. 86/L of 2007, Jail Crl. Appeal Nos. 100/I.& 101/I of 2007 & Crl.
JUDGMENT
Reported As: PLJ 2011 FSC 131 Result: Appeal dismissed Judgment JUDGMENT Agha Rafiq Ahmed Khan, C.J.--By this single judgment the following four connected matters will be decided as they have arisen out of judgment relatable to the same crime report:-- (a) Crl. Appeal No. 86/L/2007 moved by appellants Munir, Muhammad Aslam and Bashir (b) J. Crl. Appeal No. 100/1/2007 moved by appellant Nazir Ahmed (c) J. Crl. Appeal No. 101/1/2007 moved by appellant Hanif and (d) Crl. Murder Ref. No. 7/L/2007 The State Vs. Munir Ahmed sent by the learned trial Court. The impugned judgment was delivered on 10.04.2007 by learned Additional Sessions Judge, Burewala in Sessions Case No. 27-2002 and Sessions Trial No. 7-2003 whereby they were convicted and sentenced as under:-- (i) Appellants Munir, Bashir, Hanif, Aslam and Nazir were convicted under Section 148 of the Pakistan Penal Code and sentenced to three years rigorous imprisonment each. (ii) Appellant' Munir was convicted under Section 302(b) of the Pakistan Penal Code as Tazir and sentenced to death on two counts with direction to pay compensation of Rs. 50,000/- to the legal heirs of deceased under Section 544-A of the Code of Criminal Procedure or in failure of payment of compensation it was directed that the same be recovered as arrears of land revenue and also to undergo six months simple imprisonment. (iii)Appellants Hanif, Aslam, Bashir and Nazir were further convicted under Section 149 read with Section 302(b) of the Pakistan Penal Code and sentenced to 'life imprisonment each with direction to pay compensation of Rs. 50,000/-each to the legal heirs of the deceased. The compensation be
---
## Page 2
recovered as arrears of land revenue and then also to undergo six months simple imprisonment each. (iv)The five appellants were also convicted under Section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and sentenced life imprisonment each with fine of Rs. 10,000/- each or in default thereof to further undergo two months simple imprisonment each. All the sentences awarded to the appellants were ordered to run concurrently, with benefit of Section 382-B of the Code of Criminal Procedure. The learned trial Court through the same judgment acquitted co-accused Muhammad Yaseen, Sabir, Ashraf, Mumtaz, Mukhtar and Jan Muhammad by extending them benefit of doubt. The learned trial Court also directed to issue perpetual warrants of arrest against absconding accused Maqbool. The learned Additional Sessions Judge, Burewala has moved a murder reference, registered in this Court as Criminal Murder Reference No. 7/L of 2007, which has been put up for confirmation of death sentence along with the appeals. PROSECUTION CASE 2. The prosecution case is based upon the statement of complainant Muhammad Amir PW.10 who went to Police Station Sahuka, District Vehari on 07.07.2000 and laid information about the omission of various offences. His statement was recorded by Jamil Hassan S.I. P.W.20 which registered as FIR, Ex.PU at 6.45 am. nn the same day. 3. The complainant stated in the crime report that about years before the incident he contracted Nikah with Mst. Salma Bibi (divorcee) and were living as husband and wife. Munir Ahmed, real brother of Mst. Salma Bibi got registered a case against him and others at Police Station Sahuka under Section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 vide FIR No. 25/2000. However, they were on bail. On 07.07.2000 at 4.30 a.m. he alongwith his wife Mst. Salma, father Ghulam Fareed, mother Mst. Zeenat, brother Yaseen deceased, Mst. Bashiran wife of Yaseen, Muhammad Abbas, Naseer, Haitum and Mst. Parveen daughter of Haitum and other family members was present in their house when accused Munir armed with rifle, Bashir armed with hatchet, Aslam armed with .12-bore pistol, Hanif armed with .12-bore gun, Nazir armed with Sota and six unknown persons whom he could identify, armed with Sota entered the Havili. Munir accused raised lalkara' that he would teach a lesson to the complainant for abducting Mst. Salma. He fire three shots in quick succession with his rifle hitting complainant's brother Yaseen. The shot fired by Hanif hit the left leg of Yaseen. The pistol fire shot of Aslam hit the right arm of Mst. Zainab, mother of complainant. Munir accused armed a shot at the complainant but luckily he escaped and the fire hit the chest of a companion of the accused. Bashir Ahmed accused gave a hatchet blow on the head of the complainant. Nazir and other unknown accused gave Sota blows to Haitum, Mst. Bashiran, Mst. Rabia, Ghulam Fareed and Mst. Zeenat. The accused abducted Mst. Parveen daughter of Haitum and Mst. Salma wife-of the complainant and also took away two .8- MM rifles of the complainant. Yaseen, brother of the complainant and one of the intruder, an unknown accused, succumbed to injuries at the spot. The motive of the occurrence, as stated by the complainant,, was that the accused persons with common intention attacked the complainant to avenge the marriage of the complainant with Mst. Salma Bibi. The said crime report was registered under Sections 302/449, 324/148, 149 of the Pakistan Penal Code as well as Sections 11/16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. POLICE INVESTIGATION 4. Investigation ensued as a consequence of registration of crime report. Jamil Hassan Sub- Inspector PW.20 undertook the investigation. He recorded statement Ex.PU of complainant Muhammad Amir on 07.07.2000. He inspected the place of occurrence, prepared site plan Ex.PKK,
---
## Page 3
recorded statements of witnesses under Section 161 of the Code of. Criminal Procedure, prepared injury statements Ex.PM/2 and Ex.PN/2 as well as the inquest reports Ex.PM/3 and Ex.PN/3. He sent the dead bodies of Yaseen deceased and the unknown accused alongwith the injured witnesses for medical and post-mortem examination of the dead bodies. He prepared recovery memo. Ex.PV regarding recovery of earth stained with blood of Yaseen deceased and also recovery memo. Ex.PW regarding recovery of blood stained earth relating to unknown accused. He took into possession three empties of 7-MM P-6/1-3 through recovery memo. Ex.PX. He also took into possession two empties of .12-bore gun P-7/1-2 through recovery memo. Ex.PY. He also took into possession a cot P-8, on which dead body of Yaseen deceased was lying, vide recovery memo. Ex.PZ. He took into possession last worn clothes of Yaseen deceased alongwith post-mortem report by virtue of recovery memo. Ex. PLL as well as the last worn clothes alongwith post-mortem report of unknown accused vide recovery memo. Ex.PMM which were produced before him by Nawab Ali Constable PW-21 and also recorded statements of witnesses of recovery memos. On 15.07.2000 he recovered Mst. Parveen abductee from the Bhaini of Muhammad Ashraf accused. Site plan of place of recovery of Mst. Parveen abductee Ex.PAA was also prepared. He submitted applications Ex.PNN and Ex.POO before the Illaqa Magistrate for medical examination of Mst. Parveen PW-12, and for recording her statement under Section 164 of the Code of Criminal Procedure respectively. On the order of learned Illaqa Magistrate Mst. Parveen was medically examined. The medico-legal certificate of the said Mst. Parveen alongwith a sealed envelope was produced before him which Was taken into possession by him through recovery memo. Ex.PAA. He recorded statement of Mst. Parveen and other witnesses under Section 161 of the Code of Criminal Procedure. He also recorded statements of Latif Ullah Head Constable PW.8 and Muhammad Ishaq Constable PW.2 under Section 161 of the Code of Criminal Procedure on 18.07.2000. He arrested accused Aslam, Sabir, Ashraf, Hanif and Bashir on 02.08.2000 and obtained their physical remand from the Illaqa Magistrate. On 11.08.2000 Mukhtar accused was also arrested who produced Sota P-2 which was taken into possession through recovery memo. Ex.PC. On the pointation of Bashir accused hatchet P-3 was recovered from his living room which was taken into possession through recovery memo. Ex.PD. The witness also prepared site plan of place of recovery Ex.PD/1. Muhammad Ashraf accused got recovered Sota P-4 from his Ihata which he took into possession through recovery memo. Ex.PE. Site-plan Ex.PE/1 of place of recovery was also prepared. Sabir accused got recovered Sota P-5 from his residential quarter which was taken into possession by the Investigating Officer vide recovery memo. Ex.PF. Site plan Ex.PF/I of the place of recovery was also prepared. He sent accused Mukhtar, Bashir, Sabir, Ashraf to judicial lock-up on 12.08.2000. He declared accused Hanif and Aslam innocent on 13.08.2000. On 15.08.2000 Mumtaz accused appeared before him and was arrested by him. On 18.08.2000 the witness was transferred. b. The investigation of the case was then entrusted to Muhammad Akhtar Sub-Inspector PW.18. Accused Mumtaz got recovered Sota P-14 from a room of his residential Ihata which was taken into possession by him through recovery memo. Ex.PGG. Statements of recovery witnesses were recorded under Section 161 of the Code of Criminal Procedure. Site plan Ex.PGG/I of the place of recovery was prepared. He arrested accused Jan Muhammad alias Janoo on 13.09.2000. On 27.09.2000 accused Jan Muhammad alias Janoo got recovered Sota P-15 from his residential room which he took into possession through recovery memo. Ex.PHH and prepared site plan of the place of recovery Ex.PHH/1 and recorded statements of recovery witnesses under Section. 161 of the Code of Criminal Procedure. On 28.09.2000 he obtained warrant of arrest Ex.PS, of accused Munir warrant Ex.PR of Yaseen, warrant Ex.PT of Nazir and warrant Ex.PQ of Maqbool from the Illaqa Magistrate through application Ex.PJJ. He entrusted the said warrants to Shah Bahram constable PW.5, for execution. On 24.10.2000 he recorded statements of Muhammad Afzal Muharrar, Shah Bahram PW.5 and Irshad Ahmad Constables PW.9 under Section 161 of the Code of Criminal Procedure.
---
## Page 4
c. The case file was thereafter entrusted to Noor Nawaz Sub-Inspector PW.17 on 28.09.2001 who arrested accused Maqbool on the same day and obtained his physical remand on 29.09.2001. On 01.10.2001 Falak Sher cousin of Maqbool accused produced Sota P-1 before him which he took into possession though recovery memo. Ex.PA and recorded statements of witnesses under Section 161 of the Code of Criminal Procedure. He sent Maqbool accused to judicial lock up on 12.10.2001. On 02.12.2001 he was again entrusted with the case file for arrest of proclaimed offenders. On the same day he formally arrested accused Muhammad Yaseen who was already under custody with police station Arifwala and sent him to judicial lock up on 12.01.2002. He formally arrested accused Nazir Ahmad on 05.08.2002 who was confined in District Jail, Bahawalnagar. On 18.08.2002 Ghulam Sabir Lakhuka produced before him Sota P-13 belonging to Nazir Ahmed accused which was taken into possession through recovery memo. Ex.PFF. On 20.08.2002 he was transferred and the investigation of the case was entrusted to Abdul Latif Sub-Inspector PW.19, on 30.09.2004. On 04.10.2004 Munir Ahmad accused, in police custody, led to recovery of rifle .222, engraved .7-MM on its barrel, from an iron box lying in a room of his residential house situated in Chak No. 33/KB. He took the rifle P-11 alongwith magazine P-11/1 into possession vide recovery memo. Ex.PDD and prepared site plan of the place of recovery Ex.PFF. On 12.10.2004 Munir Ahmed accused again got recovered rifle P-12 after digging the earth from near the cattle shed which was taken into possession through recovery memo. Ex.PEE. Site plan Ex.PFF/I of the place of recovery was prepared and statements of witnesses under Section 161 of the Code of Criminal Procedure. d. On 08.10.2004 Asgher Ali Assistant Sub-Inspector PW.16 was entrusted with investigation of the case. He interrogated Munir accused who got recovered a rifle .8-MM P-12 belonging to the complainant from the cattle pond of his house which was wrapped in a plastic paper and buried. It was taken into possession through recovery memo. Ex.PEE. 5. The Station House Officer after completion of investigation submitted in the Court a report under Section 173 of the Code of Criminal Procedure on 14.10.2004 requiring the accused to face trial. 6. The learned trial Court thereafter framed charges against the accused persons on 13.12.2004 under Sections 148, 337-F(i) read with Section 149, 324 read with Sections 149, 380 read with Section 149. 449 read with Section 149, 302 read with Section 149 of the Pakistan Penal Code and also under Section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. Accused Yaseen and Jan Muhammad were further charged under Section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The accused did not plead guilty and claimed trial. PROSECUTION EVIDENCE 7. The prosecution produced twenty two witnesses to prove its case. The gist of the deposition of the witnesses is as follows:-- (i) PW.1 Muhammad Afzal Assistant Sub-Inspector stated that he was posted as Muharrar/Head Constable at Police Station Sahuka. On 28.09.2000 he handed over non-bailable warrants to Shah Bahram constable for execution against accused Munir, Yaseen, Maqbool and Nazir. On 21.10.2000 he handed over proclamation of above-said accused to Irshad Ahmad constable for execution. (ii) PW.2 Muhammad Ishaq constable had delivered two sealed parcels containing blood stained earth in the office of Chemical Examinsr, Lahore on 1.5.07.2000 which were handed over to him by the Muharrar on 14.07.2000. He also delivered sealed envelope in the office of Chemical Examiner, Multan on 22.07.2000 which was handed over to him by the Muharrar on 21.07.2000. (iii)PW.3 Ghulam Mustafa constable stated that on 01.10.2001 he and Noor Nawaz Sub-Inspector were present at Police Station Sahuka. Falak Sher cousin of Maqbool accused produced a Sota P-1 of Keekar before Noor Nawaz Sub Inspector which was taken into possession through recovery memo. Ex.PA. (iv)PW.4 Anwar Mahmood Patwari stated that on 12.06.2001 the Station House Officer called him,
---
## Page 5
gave him sketch of the place of occurrence and took him to the place of occurrence where complainant and PWs were present. He prepared site plans Exhs.PB, PB/1 and PB/2 in the scale of five karams equal to one inch and handed over the same to the Station House Officer an 15.06.2001. (v) PW.5 Shah Bahram Constable stated that on 11.08.2000 he alongwith Muhammad Sharif Constable had attested the following recovery memos:-- (i) Ex.PC by, which the Investigating Officer took into possession Sota P-2 produced by Mukhtar accused, (ii)Ex.PD by which the Investigating Officer took into possession hatchet P-3 which was recovered on the pointation of Bashir Ahmed accused, (iii)Ex.PE by which the Investigating Officer took into possession Sota P-4 which was recovered on the pointation of Muhammad Ashraf accused. (iv)Ex.PF by which the Investigating Officer took into possession Sota P-5 which was recovered on the pointation of Sabir accused. (vi) PW.6 Dr. Muhammad Akram had medically examined Haitum, injured PW, on 07.07.2000 and observed as under:- "1. Contusion 26 cm. x 2.5 cm on back of chest transverse in direction. 2. Contusion 11 cm x 2 cm with swelling 14 cm x 7 cm on back and outer side of left chest. Patient complained of severe pain in this area. 3. Contusion with swelling 10 cm x 4 cm on back and inner side of left fore-arm on its lower part. 4. An abrasion 1 cm x .5 cm on inner and back of right fore-arm. 5. Abrasion 1 cm x .5 cm on upper part of right fore-arm. 6. Contusion with swelling 11 cm x 4 cm on inner side of right ankle joint. 7. Contusion with swelling 8 cm x 4 cm on back and outer side of lower part of right fore arm. The Injury No. 5 falls u/S. 337-F(i) whereas other injuries were kept under observation for x-ray. All the injuries were caused by blunt weapon.within the time of about six hours. I issued MLC No. 281/2000 Ex.PG which is in my hand and bears my signatures." The doctor had also medically examined Muhammad Ameer complainant on the same day and observed as under:-- "1. Lacerated wound 5 cm x 0.8 cm x bone exposed with swelling 9 cm x 5 cm on left side of front of head 8.5 cm above the left ear. 2. Abrasion with contusion 18 cm x 3 cm from upper and outer side of right pelvis to front of upper part of right thigh. 3. Two abrasions, each measuring 2 cm x 1 cm in an area of 6 cm x 3 cm with a distance of 3 cm from each other on front and upper part of right leg. Injury No. 3 falls u/S. 337F(i) whereas rest of the injuries were kept under observation for x-ray result. Duration of injuries were within about 6 hours, whereas the weapon was blunt one. I Issued MLC No. 282/2000 Ex.PH which is in my hand and bears my signatures.' The doctor had also medically examined Mst. Bashiran, injured PW, on the same day and observed as under:-- "1. Lacerated wound 3 cm x .4 cm x scalp deep on right side of head 9.5 cm above right ear. 2. Abrasion 2 cm x .5 cm on outer side of lower part of right upper arm. 3. Abrasion 5 cm x 1 cm on inner side of left knee joint. Injuries No. 2 and 3 fall u/S. 337-F(i) whereas Injury No. 1 was KUO for x-ray. All the injuries were caused by blunt weapons within about 6 hours. I Issued MLR No. 283/2000 Ex.PJ which . is in my hand and bears my signatures. The doctor had also medically examined Mst. Zeenat Bibi on the same day and observed as under:-- "1. Lacerated wound 2.8 cm x 0.5 cm x skin deep on outer side of right fore arm with swelling.
---
## Page 6
2. Contusion with swelling 6 cm x 3 cm on front of upper part of left chest. Patient complained of pain on back of chest. Both the injuries were kept under observation and caused by blunt weapon within about 6 hours. I issued MLR No. 284/2000 Ex.PK, which is in my hand and bears my signatures." The doctor had also medically examined Ghulam Farid, injured PW, on the same day and observed as under:-- "1. Abrasion with contusion 8 cm x 2 cm on outer side of upper-most part of left upper arm. 2. Swelling 10 cm x 7 cm within contusion on back of left forearm. Injury No. 1 falls u/S. 337-F(i), Injury No. 2 was kept under observation for x-ray. Both the injuries were caused by blunt weapons within about 6 hours. I issued MLR No. 285/2000 Ex.PL, which is in my hand and bears my signatures." The doctor had also conducted autopsy on the dead body of Yasin deceased and observed as under:-- "It was a dead body of male, aged about 42 years, with well built, face was pale, eyes and mouth was closed. Rigor mortis and post mortem staining was present. Body was clad in Qamiz and vest (blood stained). Injuries. 1. Fire-arm wound 11 cm x 5 cm on right lower jaw, starting from middle of lower lip, passing through the right lower jaw, breaking the lower jaw and soft tissues into small pieces, ending at the angle of tissues into small pieces, ending at the angle of right lower jaw 3.5 cm below the lobule of right ear. Pieces of the bone and tongue was exposed on right side. Foreign body traveled from front of lower lip to angle of lower jaw. That were entry and exit wound correspondingly. 2. Fire-arm injury 1.5 x 1 cm on outer side of right shoulder x muscle deep on outer side of right shoulder edges were black and inverted. That was entry wound surrounded by multiple scattered small burns, at variable distance from each other in an area of 10 cm x 8 cm, some are measuring . 1 cm, other were measuring .3 cm. 3. Fire-arm wound 3.5 x 2.5 cm x bone deep on front of right shoulder. Edges were inverted. That was exit wound. There was fracture of head of right humerous bone. 4 Fire-arm wound 2.5 cm x 1.3 cm x deep going on lower most part of middle of chest .3 cm below the line joining both the nipples on lower most part of middle of chest. Edges were inverted. That was entry wound. 5. Fire-arm wound 1 dia meter x deep going on the middle of back or lower part of chest. Edges were averted. That was exit wound. 6. Fire-arm wound .75 cm dia meter on inner side of lower part of left thigh x deep going. Edges were inverted. That was entry wound. Scalp and skull. Intact. Body of thoracic No. 12 Vertibrea No. 12 is fractured. Brain intact but the spinal cord at the level of thoracic No. 12 was injured. Thorax. In the thorax cavity lyranx and trachea, and left lung were healthy, whereas, right lung was perforated close to mediastinum. Plurea perforated on right side and the right chest cavity was full of blood. Pericardium was perforated. Right side of heart with entries of superior and inferior vena cava was injured. Both sides of heart were empty. Walls were injured under Injury Nos. 4 and 5. Lower part of sternum was fractured. Sixth rib on right side was fractured, at its attachment with sternum. Blood vessels under the course of these injuries were injured. Abdomen.
---
## Page 7
Walls, mouth, pharynx and esophagus, spleen, kidneys, pancreas, were found healthy. Peritoneum was injured. Abdominal cavity was full blood. Ciaphragm was perforated on right side close to middle line. Stomach was healthy and empty. Small and large intestines were healthy containing gases and fecul matter. There was laceration and through and through the left lob of liver. Bladder was full of urine and healthy. Organs of generation internal and external were also healthy. Muscles, Bones and Joints A foreign body was palpable under the skin on outer side of from of left leg. Foreign body (bullet) was recovered and sealed in jar and handed over to the police. Remarks. Death in this case was due to hemorrhage and shock as a result of above mentioned injuries. All' the injuries collectively and Injury No. 4 individually sufficient to cause death under ordinary course of nature. All the injuries were anti mortem and caused by fire-arm weapon. Probable time that elapsed between injury and death was immediate, between death and postmortem was within about 10 hours. Dead body after post-mortem examination, last Worn clothes of the dead body, carbon copy report, police papers one sealed jar and foreign body, were handed over to Nawab Ali 44/C. I issued PMR No. 05/2000, Ex.PM and pictorial diagram of injuries Ex.PM/1, which are in my hand and bears my signatures. I also signed injury statement of Muhammad Yasin Ex.PM/2 and inquest report Ex.PM/3 prepared by the police." The doctor had also conducted autopsy on the dead body of unknown accused person and observed as under:- External Remarks. The dead body was of a male aged 35 years with well built. Face was pale, eyes were open, mouth was closed. Rigor mortis and post-mortem staining were present. Body was clad in blood stained Qamiz and Shalwar. Injuries. 1. Fire-arm injury 3 cm x 1.5 cm x deep going on outer side of chest, 15 cm below the left axilla. Edges were inverted. That was wound of entry. 2. Fire-arm injury 3 cm x 2 cm x deep going on front and lower part of right chest, 11 cm below and inner to right nipple 3.5 cm from middle line below the right costal margin. Edges were averted. That was wound of exit. In cranium and spinal cord no abnormality was detected. Thorax. Walls were injured. Left chest cavity was full of blood. Left pleura was perforated and right pleura was normal. Lyranx and trachea and right lung were healthy. There was performation in the lower most part of lower lobe of left lung. Pericardium was perforated and contained blood. Lower part of heart was lacerated in an area of 6 cm x 5 cm opening both ventricles of the heart. Both sides were empty. Corresponding blood vessels were injured. Abdomen. Mouth, pharynx and esophagus, stomach, pancreas, small intestines, large intestine, spleen, kidneys and bladder and organs of generation external and internal were healthy. Stomach contained semi-digested food. Small and large intestines contained gases and fedul matter. Walls injured just below the right costal margin. Paeritoneum was perforated. There was perforation 4 cm x 3 cm on left side of the diaphragm. There was laceration in the left lobe of liver 11 cm x 7 cm. Abdominal cavity was full of blood. Remarks. In my opinion, death in this case was due to hemorrhage and shock as result of above mentioned
---
## Page 8
injuries. All the injuries were collectively sufficient to cause death under ordinary course of nature. All the injuries were anti-mortem and caused by firearm weapon. Probable time that elapsed. (a)between injury and death immediately and (b)between death and post-mortem within about 12 hours. Dead body after post-mortem examination, last worn clothes of dead…
Read the unabridged text and precedent citation network on Al Wakeelo Legal Research Platform.