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Official Citation: 2018 YLR 1181
Court / Jurisdiction: Lahore High Court
Year of Decision: 2017
Decision Date: 2017-12-31
Parties: REHMAT ALI alias REHMA and others vs The STATE and others
This judicial decision was delivered by the Lahore High Court on 2017-12-31. The matter involves proceedings between REHMAT ALI alias REHMA and others and The STATE and others, officially reported as 2018 YLR 1181. The court reviewed applicable Pakistani statutes, procedural requirements, and governing case-law authorities. The full text below contains the complete facts, arguments, and legal reasoning rendered by the honorable bench.
Case cited as 2018 YLR 1181
Court Name: Lahore High Court Judge(s): Qazi Muhammad Amin Ahmed, Sardar Ahmad Naeem Title: REHMAT ALI alias REHMA and others vs The STATE and others Case No.:Criminal Appeals Nos, 60-J, 59-J, 506 of 2011, Criminal Revision No,335 of
JUDGMENT
Reported As: 2018 YLR 1181 Result: Order accordingly Judgment JUDGMENT SARDAR AHMED NAEEM, J.---Rehmat Ali alias Rehma, Sarja, Sooja, Ahmad Din alias Ahma sons of Sardar Ali, Munir Hassan, son of Qamar Din, Muhammad Hussain alias Hassan son of Sooja, Muhammad Hassan son of Sooja and Muhammad Arif son of Jamal Din, appellants along with Munir Ahmad son of Ahmad Din, Sardar Muhammad Ashiq son of Shahab Din, Muhammad Din alias Manda son of Nizam Din, Muhammad Akram son of Muhammad Din, Jehangir Ahmad son of Sardar Ahmad, Shahid Nisar son of Taj Din, Muhammad Ahmad son of Sardar Muhammad Ashiq, Ahmad Din son of Ghulam Muhammad, Muhammad Umar son of Haji Muhammad, Muhammad Hassan son of Sooja and Shahid Nisar son of Taj Din co-accused (since acquitted), were tried by the learned Addl. Sessions Judge, Kasur in a private complaint lodged by Haji Ahmad Din, complainant (PW. 1) being dissatisfied with the investigation of case FIR No,99 dated 12.3.2005, for offences under sections 302, 324, 109, 427, 420, 419, 201, 148, 149, P.P.C. registered at Police Station Khudian, District Kasur, for committing Qatl-e-Amd of Haji Muhammad Sabir, Haider Ali and Sher Muhammad deceased and causing injuries to Ahmad Din complainant, Younas, Asifa Sabir and Zeba Sabir. At the conclusion of the trial vide judgment dated 10.3.2011, learned trial Court acquitted Munir Ahmad son of Ahmad Din, Sardar Muhammad Ashiq son of Shahab Din, Muhammad Din alias Manda son of Nizam Din, Muhammad Ahmad son of Sardar Muhammad Ashiq, Ahmad Din son of Ghulam Muhammad, Muhammad Umar son of Haji Muhammad, Shahid Nisar son of Taj Din co-accused whereas convicted and sentenced the accused/appellants as under:- Sarja, Sooja, Rehmat, Ahmad Din alias Ahma sons of Sardar Ali alias Dara, Muhammad Hussain son of Sooja and Munir Hussain son of Qamar Din appellants:
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(i) under Section 302(b) each read with section 149 each P.P.C. and sentenced to death each on three counts each with a direction to pay a sum Rs,1,00,000/-each as compensation to the legal heirs of the deceased, under section 544-A, Cr.P.C. in equal shares, recoverable as arrears of land revenue, in default thereof, to undergo six months S.I. each. (ii) under sections 419/109, P.P.C. and sentenced to five years R.L each for abetment/conspiracy (iii) under section 148, P.P.C. and sentence to three years' R.I. each. (iv) under section 324/149, P.P.C. each and sentenced to ten years' R.I. each with fine of Rs,5,000/- each, in default thereof, to further undergo S.I. for 3 months each with further order to pay jointly 1/3rd of Diyat as Arsh to Ahmad Din complainant and Muhammad Younas PW and to remain in prison till payment. (v) under section 440/149, P.P.C. each and sentenced to two years' R.I. each with fine of Rs,5000/- each, in default to suffer S.I. for three months each. Muhammad Hassan and Muhammad Arif: (i) under section 302(b) read with section 109, P.P.C. and sentenced to life imprisonment each sans any order under section 544-A, Cr.P.C. with benefit of section 544-A, Cr.P.C. (ii) under section 419, P.P.C. and sentenced to five years each. All the sentences were ordered to run concurrently with benefit of section 382-B, Cr.P.C. 2. Rehmat alias Rehma, Munir Hassan alias Hassan, Sarja, Sooja, Ahmad Din alias Ahma and Muhammad Hussain alias Hassan filed Criminal Appeal No,60-J of 2011, challenging convictions and sentences awarded to them. Muhammad Hassan and Muhammad Arif appellants also filed Criminal Appeal No,59-J of 2011, challenging conviction and sentence awarded to them, Haji Ahmad complainant filed Criminal Appeal No,506 of 2011 against acquittal of Munir Ahmad, Sardar Muhammad Ashiq, Muhammad Din alias Manda, Muhammad Ahmad, Ahmad Din, Muhammad Umer and Shahid Nisar. Haji Ahmad complainant filed Criminal Revision No,335 of 2011 for enhancement of compensation awarded to Sarja, Ahmad Din alias Ahma, Rehmat alias Rehma, Sooja, Muhammaid Hussain, Munir. Hussain and awarding maximum punishment and compensation to respondents Nos,7 to 8 already sentenced for life imprisonment by the learned trial Court. Sardar Ahmad Din complainant has also filed Criminal Appeal No,2200 of 2015 against the acquittal of Muhammad Akram and Jehangir Ahmad accused/respondents. Murder Reference No,186 of 2011 is also before us for confirmation or otherwise of the death sentences awarded to the death convicts. Through this single judgment, we propose to decide all these matters. 3. The complainant reported the incident on 12.3.2005 a about 6.05 p.m. (Exh. PA). During this occurrence, three persons including Haji Sabir Sher Muhammad and Haider Ali lost their lives and Haji Ahmad Din complainant, Younas, Zeba Sabir and Asifa Sabir sustained injuries. The complainant nominated Munir. Ahmad, Jehangir Ahmad, Zulifqar Ali (since dead), Muhammad Akram, Sarja, Muhammad Ahmad, Ahmad Din, Muhammad Umar, Sooja, Rehmat Ali for causing injuries to Haji Muhammad Sabir, Sher Muhammad and Haider Ali deceased whereas Muhammad Hassan, Muhammad Ahmad, Zulifqar, Muhammad Umar, Akram and Hassan fired with their respective firearm weapons hitting the complainant, Younas, Zeba Sabir and Asifa Sabir. Allegedly, Muhammad Din, Muhammad Ashiq and Shahid Nisar (co-accused) hatched conspiracy with their co-accused for the commission of offence. The occurrence took place within the area of village Dholan Haithar. 4. After registration of FIR, Haji Muhammad Qasim S.I. (PW-18) initially investigated the case but he could not arrest any of the accused persons. On 21.3.2005, firstly he obtained warrants of arrest of the accused, thereafter proclamation Exh.PTT/ 1 to Exh.PTT/14 and after completion of proceedings under sections 87/88, Cr.P.C. submitted challan Exh.PW under section 512, Cr.P.C. on 30.3.2005 before the Court. Thereafter, the investigation was entrusted to Ashiq Hussain S.I. (PW-19). He arrested Sarja, Sooja, Ahmad Din alias Ahma, Rehmat Ali and Munir Hussain accused. On 1.7.2005,
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Rehmat alias Rehma appellant while in police custody disclosed that on the day of occurrence, he was in police custody of Police Station City Raiwind. Sarja appellant disclosed that on the day of occurrence he was in police custody of Police Station Nawan Kot, Lahore. Munir Hussain appellant also took plea that he was in police custody of Police Station City Raiwind. In order to verify about the said disclosures, the S.I. examined the record at Police Station City Raiwind and Police Station Nawan Kot, Lahore. He examined criminal cards of Rehmat Ali and Munir Hussain appellants. It transpired that on the card of Rehmat Ali, there was photo Exh.PYY of Hassan son of Sooja which was secured into possession vide Memo Exh.PZZ. On the card of Munir Hussain appellant, there was photo Exh.PAAA of his brother Naveed which was secured into possession vide Memo Exh.PVVV. The said Hassan and Naveed had themselves got arrested in fake cases under Sections 13 of the Arms Ordinance, 1965 in the names of Rehmat and Munir Hussain. The copies of the said FIRs are Exh.PCCC and Exh.PDDD. He also examined criminal cards of Sarja appellant. It transpired that on the card of Sarja appellant, there was photo of one Arif son of Jamal Din, who got himself arrested in a fake case of 13 of the Arms Ordinance, 1965 and was sent to Camp Jail, Lahore. The S.I. visited Camp Jail, Lahore and inspected the register of entry of the Sarja, who found that instead of Sarja, the photograph of Arif son of Jamal Din was pasted on the register. According to the investigation, Sarja, Rehmat and Munir Hussain fabricated alibi by sending their relatives namely Arif, Hassan and Naveed in jail in cases under Arms Ordinance. He also arrested Arif and Hassan co-accused in the abetment of the occurrence. On 3.7.2005, during investigation, Rehmat appellant while in police custody got recovered 222 bore rifle Exh.P-41 which was taken into possession vide Memo Exh.PEEE. On the same day, Ahmad Din alias Ahma appellant got recovered Pistol P-45 which was taken into possession vide Memo Exh.PFFF. On the same day, Munir Hussain appellant got recovered Pistol P- 43 which was taken into possession vide Memo Exh.PGGG. On 8.7.2005, Sarja appellant got recovered 444 bore rifle Exh.P-45 which was taken into possession vide Memo Exh.PJJJ. On the same day, Sooja appellant got recovered 12 bore gun P-46 which was taken into possession vide Memo Exh.PKKK. The tractor used during occurrence was also taken into possession vide Memo Exh.PLLL. He also arrested Muhammad Hussain alias Hasan appellant and on 28.4.2007 got recovered Pistol P-48 which was taken into possession vide Memo Exh.PMMM. Besides the investigation made by Ashiq Hussain, S.I. it was conducted by Qamar-uz-Zaman, SSP (Investigation) (CW-1), who found Munir Ahmad, Jehangir Muhammad Akram, Ahmad Din son of Ghulam Muhammad, Zulifqar, Muhammad Umer, Muhammad Ahmad, Muhammad Din son of Nazim Din and Muhammad Ashiq innocent. Being satisfied with the investigation, Haji Ahmad complainant filed a private complaint Exh. PC. 5. In the private complaint, after recording cursory statements of the witnesses, the accused were summoned and charge against them was framed to which, they pleaded not guilty and claimed trial, hence the prosecution evidence was invited. 6. In order to prove its case, the prosecution examined as many as twenty nine witnesses in all and the learned trial Court examined Qamar uz Zaman, SSP (CW-1) who also investigated the case. 7. The eye-witness account was furnished by Haji Ahmad Din complainant (PW-1), Muhammad Younas (PW-7) and Munawar Hussain (PW-17), who supported the prosecution story as mentioned in the private complaint. 8. Medical evidence was furnished by Doctor Muhammad Azam (PW-4), Doctor Hazir Ahmad (PW- 8) and Doctor Mumtaz Ahmad (PW-9). On 12.3.2005, Doctor Muhammad Azam (PW-4) conducted medical examination of Miss Zeiba daughter of Haji Sabir and found the following injuries on his person:-- "INJURIES: 1. A lacerated wound of I x 1/4 cm on frontal part of head, margins of the wound were abraded and muscles were exposed.
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2. Lacerated wounds of 1/2 x 1/4 cm total 4 in number on left side of head on frontal part. Wounds were bleeding excessively. Depth was not probed. Lacerated wound, of 1/4 x 1/4 cm on left side of chest in upper part. Wounds were circular in shape, abraded margins' and depth was not probed. 4. A Lacerated wound of 1/4 x 1/4 cm on left side of chest 7 cm below and on left side of injury No,3. Wound was circular in shape with abraded margins. Depth was not probed." 9. On the same day, he conducted medical examination of Miss Asifa and found the following injuries on his person:- "INJURIES: 1 A lacerated wound of 1/4 x 1/4 cm with surrounding swelling of 1 x 1 cm on forehead, skin was exposed. 2. A lacerated wound of 1/4 x 1/4 cm upper and outer side of right shoulder. Movements were painful. Wound was circular in shape with surrounding abrasion of 1/2 x 1/2 cm. Depth was not probed. 3. A lacerated wound of 3 x 1/2 cm on postlateral side of neck with surround swelling of 4 x 1 c.m. muscles were exposed. X-Ray of left and right shoulder was advised and all the injuries were kept under observation. Wounds were fresh in nature and were caused by firearm weapon." 10. The doctor also conducted medical examination of Muhammad Younas injured and found the following injuries on his person:- "INJURIES: 1) A lacerated wound of 1 x 1/4 c.m. on left shoulder upper side with surrounding swelling of 2 x 1 c.m. Wound was bleedings excessively. Movements were painful and depth was not probed. 2) An abrasion with surrounding swelling of 2 x 2 c.m front of left shoulder. 3) A lacerated wound of 1 x 1/2 cm on left nipple with surrounding swelling of 4 x 4 c.m depth was not probed. 4) An abrasion of 1 x 1 c.m on front of left side of upper part of abdomen. Tenderness was present. 5) An abrasion about 1 x 1/2 c.m on left side of arm outer and lower side. 6) 4 lacerated wounds each 1/2 x 1/2 c.m on dorsum of left hand with contused swelling on hand and fingers, each wound was circular in shape, with abraded margins, depth was not probed. 7) A lacerated wound of 2 1/2 x 1 c.m. on outer side of left knee, muscles were exposed and movements were painful. 8) Contused swelling was present on whole of left thigh. 9) A lacerated wound of 1 x 1/4 c.m. on medial side of left thigh, depth was not probed, 10)A lacerated wound of 1/2 x 1/2 c.m. on dorsal side of left forearm, depth was not probed. 11) Three abrasion of different sizes on left forearm surrounding the injury No, 10. 12) A lacerated wound of 1/2 x 1/4 c.m. on medial side of left eye, muscles were exposed with surrounding swelling of 4 x 4 cm. Eye was clear." 11. Doctor Nazir Ahmad (PW-8) conducted medical examination of Ahmad Din complainant and observed the following injuries:- "INJURIES: 1) A punctured lacerated wound with inverted margins oval in shape, measuring 2 x 1 c.m. was present on superior surface of left shoulder joint over the acromioclavicular joint on probing. It was directed informedially. 2) A lacerated wound measuring 3 x 3/4 x 1/2 cm was present 7 cm above the lateral end of left eyebrow on left frontal area.1 12. Doctor Mumtaz Ahmad (PW-9) conducted post-mortem examination on the dead body of Sher Muhammad deceased on 13.3.2005 and observed as under:--
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"INJURIES: 1) A lacerated wound 4 x 1-1/2 c.m. margins inverted 3 c.m. above right eyebrow on the right side outer part of forehead (entry wound). 2) A lacerated wound 1 x 1 cm margins inverted just below right eyebrow (entry wound). 3) A lacerated wound 1 x 1 c.m. on the inner side of left eyebrow (entry). 4) A lacerated wound 1 x 1 c.m. everted margins on the left side of forehead just above left eyebrow and internally communicated with injury No,3. 5) A lacerated wound 1 x 1 c.m. margins everted on the top of head in midline and communicating with injury No,2 (exit). 6) A lacerated wound 1 x 1 can margins everted on the right temporal region 1-1/2 c.m. above right ear (exit). 7) A grazing wound 1-1/2 x 2 c.m. on the right side of face near angle of mouth. 8) An extensive lacerated firearm wound in area 10 x 5 c.m on the left side face, broken bone and tissues was seen through wound. Left eye was damaged. It was result of multiple overlapping wound. 9) Five lacerated wounds in area 8 x 5 c.m. margins inverted and abraded on the front of right shoulder (entry wound). 10) Four lacerated wounds in area 5 x 4 c.m. on the back and outer side of right shoulder communicating with injury No,9 (exit) 11) Three grazing wounds each 2 x 1 c.m. on the outer and middle part of right upper arm. 12) A lacerated wound 1-1/2 x 1 c.m. on the outer and back of right chest 1 1/2 cm below lower border of scapula (exit). 13) A penetrated wound 3/4 x 3/4 cm on the front and left side of abdomen 8 c.m. above and left to umbilicus (entry). 14) A grazing wound 3/4 x 1 c.m. on the back of left hand. 15) A grazing wound 3/4 x 1 c.m. on the inner side of left middle finger. 16) A grazing wound 1 x 1/2 c.m. on the back of left little finger. 17) A lacerated wound 1 x 1 c.m. margins were inverted on the upper part of left lower leg 6 c.m. below knee joint." In his opinion, death was a result of shock due to haemorrhage and injury to vital organs i,e, brain and liver due to injuries on skull and abdomen which were sufficient to cause death in the ordinary course of nature. All the injuries were ante-mortem and caused by fire arm. The time between the injuries and death was almost immediately and time between death and postmortem was about eighteen hours approximately. Exh.PJ is the correct carbon copy of the postmortem' report and Exh.PJ/1 and Exh.PJ/2 were the diagrams showing the locale of injuries on the dead body which were in his hand and signed by him. 13. On the same day, he conducted autopsy on the dead body of Haji Muhammad Sabir deceased and observed as under: - INJURIES: 1) An extensive lacerated wound 8 x 3 c.m. margins inverted brain matter and plastic cardvad was found through the wound. Wound was on the left side of head in left tempo parietal region 4-1/2 c.m. above left ear (entry) Card vad was removed and sealed in glass phial. 2) A ep of distorted twisted bullet jacket was seen on the left side of neck which was recovered by skin incision and sealed in glass phial. It was only muscle deep. 3) A lacerated wound 1 x 1 c.m margins inverted on the left side chin lower part (entry). 4) A lacerated wound 1-1/2 c.m x 1 cm margins everted near the angle of mouth on left side and on probing communicating with injury No,3 (exit). 5) Three lacerated wound each 1 x 1 c.m. in area 6 x 3 c.m. on the back of left shoulder upper part
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in area between shoulder and neck (exit). 6) Five penetrating wounds with abraded margins in area S x 5 c.m. on the outer and back of left upper arm (entry). 7) Two lacerated wounds each 1 x 1 c.m. and 1-1/2 x 1 c.m. and on probing communicating with each other on the outer side of left upper arm just below and outer to injury No,6. (entry and exit). 8) A metallic foreign body was felt and the metallic pellet was recovered by skin incision from outside on the back of left shoulder and sealed in glass phial. 9) A penetrating wound 1 x 1 c.m. just above the inner part of left clavicle (entry). 10)A lacerated wound 2 x 2 c.m. margins everted on the outer of left chest 15 c.m. below axilla near the mid axillary line (exit). 11)A lacerated wound 1 1/2 x 1 c.m. on the left side of chest and abdomen 13 c.m. below and medial to left nipple (entry). 12)Two adjacent wounds each 2 x 3 c.m. in area 6 x 4 c.m. on lower most part of left abdomen just above inguinal region. Lops of small intestine and omentiem were coming through the wound on removing loops the margins of wound were abraded and bluish (entry). 13)A lacerated wound 2-1/2 x 1 c.m. on the outer side of left abdomen 1-1/2 can back to injury No,11 (exit). 14)A lacerated wound 2 x 1-1/2 c.m. on the back of left abdomen and loin just above left buttock crease. (exit). 15)An extensive lacerated wound in an area 5 x 4 c.m. formed by multiple injuries with abraded margins on the back and middle of left buttock (entry). 16)A lacerated wound 3/4 x 3/4 cm muscle deep on the back of left thigh upper part with metallic foreign body felt and distorted bullet was removed by forceps and squeezing and sealed in glass phial." In his opinion, death was a result of shock due to haemorrhage and injuries to vital organs i,e, brain, heart, liver and kidney which were sufficient to cause death in the ordinary course of nature. All the injuries were ante-mortem and caused by fire arm. The time between the injuries and death was immediate and time between death and postmortem was nineteen hours approximately. Exh.PK was the correct carbon copy of the postmortem report and Exh.PK/1 and Exh.PK/2 were the diagrams showing the locale of injuries on the dead body which were in his hand and signed by him. 14. On the same day, the doctor conducted autopsy on the dead body of Haider Ali deceased and observed as under: "INJURIES: 1. Five penetrating wounds in the area of 5 x 3 c.m. each 3/ 4 x 3/4 c.m margins inverted on the outer and back side of left chest 7 c.m. below scapula border (entry). 2. A grazing wound 8 x 3 c.m on the back of right chest upper part. 3. A penetrating wound 3/4 x 3/4 cm on the back of left chest upper part 3 c.m from injury No,2 (entry). 4. A lacerated wound 1 x 1 cm margins everted on the back of right chest. Lower part 5 can from midline (exit). 5. A lacerated wound 3/4 x 3/4 c. m on the outer of right chest in mid axillary line, margins everted (exit). 6. A lacerated wound 6 x 3 c.m bone deep on the back of right forearm near elbow joint. Elbow joint was visibly damaged through the wound (entry and exit). 7. A grazing lacerated wound 3-1/2 x 2-1/2 c.m. on the right upper arm middle part outer side. 8 A grazing wound 4 x 1-1/2 c.m on the back of right hand."
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In his opinion, death was a result of shock due to haemorrhage and injury to vital organs i,e, lung and liver which were sufficient to cause death in the ordinary course of nature. All the injuries were ante-mortem and caused by fire arm. The time between the injuries and death was almost immediate and time between death and postmortem was about twenty one hours approximately. Exh.PL was the correct carbon copy of the postmortem report and Exh.PL/ 1 and Exh.PL/ 2 were the diagrams showing the locale of injuries on the dead body which were in his hand and signed by him. 15.Irfan Ahmad (PW-13) son of the complainant was witness of recoveries of weapons of offence allegedly recovered from Rehmat, Ahmad Din and Munir Hussain appellants. He was also witness of abetment being hatched by Muhammad Din and Muhammad Ashiq accused. Farooq Ahmad (PW-15) besides being witness of recovery of Pistol from Hussain appellant was a witness of abetment of the accused by Muhammad Din and Muhammad Ashiq accused. 16.Sardar Ali (PW-16) was witness of recovery of rifle and gun from Sarja and Sooja appellants. 17.Ch. Muhammad Ashraf, Deputy Superintendent of Kot Lakhpat Jail, Lahore (PW-22) gave evidence regarding alibi of three accused persons. 18.Abdul Jabbar (PW-24) was a Photographer who had taken photographs of the Jeep (Exh.P29) on the direction of Muhammad Qasim, S.I. 19.Qalab-e-Abbas S.I. (PW-25) stated that on 5.3.2005, he while posted at Police. Station City Raiwind, arrested a suspected person who disclosed his name to be Munir Hussain son of Qamar Din. He also recovered unlicensed Pistol from his possession. On the same day, Shaukat Ali (PW-26) also arrested a suspected person who disclosed his name to be Rehmat Ali and unlicensed revolver was recovered from his possession. On 12.3.2005, Muhammad Ashiq S.I. Police Station Nawan Kot, Lahore (PW27) also arrested a suspected person with unlicensed Pistol who disclosed his name to be Sarja. All the above mentioned three accused persons could not produce licenses, therefore, cases under Sections 13 of the Arms Ordinance, 1965 were got registered against them and their photographs were also obtained. 20.Khadim Hussain Bhatti, Assistant Superintendent Jail (PW-28) deposed that three accused persons namely Rehmat, Munir Hussain and Sarja were admitted in jail, their thumb impressions and photographs were obtained. 21.Muhammad Rafique S.I. (PW-29) prepared injury statement of four injured persons. 22.The prosecution while tendering in evidence reports of Chemical Examiner Exh.P000, Exh.PPPP and Exh.PQQQ and reports of Forensic Science Laboratory Exh.RRR and Exh.PSSS close its case. 23.After close of the prosecution evidence, the appellants along-with their co-accused were examined under section 342, Cr.P.C. They refuted the allegations attributed to them and pleaded innocence. Replying to a question No,23 "why this case against him and why the PWs deposed against him", appellant Sarja deposed as under:-- "This false case has been registered against me and all other male members of my family at the behest of Ashraf and Arshad nominated accused in the murder of my brother Muhammad Din alias Mandha who according to the complainant took him to hospital. We were having no animus against the deceased persons and thus we are facing this protracted trial since our arrest. The PWs deposed against me due to enmity and relationship inter-se." 24.Ahmad Din alias Ahma, appellant in reply of Question No,20 deposed as under:-- "I was present at my residence house situated in village Najabat which is about 20-KM away from the alleged place of occurrence. My brother Rehmat, false evidence has been produced in order to involve all male family members in this false case. All the PWs are related inter-se and are inimical towards me, thus they deposed falsely." 25.Rehmat alias Rehma, appellant in reply to Question No,22 deposed as under:-- "This false case has been registered against me and all other male members of my family at the
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behest of Ashraf and Arshad nominated accused in the murder of my brother Muhammad Din alias Mandha who according to the complainant took him to hospital. We were having no animus against the deceased persons and thus we are facing this protracted trial since our arrest. The PWs are related inter-se and are inimical towards us" 26.Sooja appellant in reply to Question No,20, deposed as under: "I was present at the alleged time of occurrence at my residential house situated in village Saddar which is at a distance of 30-KM from the alleged place of occurrence as such was not present at the spot. I along-with other male family members have…
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