Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: Ejaz alias Jajji and others VS Respondent: The State and others
Court Name: Lahore High Court Judge(s): Aalia Neelum Title: Ejaz alias Jajji and others vs The State and others Case No.:Criminal Appeal No. 14905, Criminal Revision No. 18550 and P.S.L.A. No.
JUDGMENT
Reported As: 2023 YLR 1835 Result: Order accordingly Judgment JUDGMENT AALIA NEELUM, J.---The appellants-Ejaz alias Jajji son of Muhammad Iqbal, caste Wattoo, resident of Baqar Kay, Dakhli Saddu Haider Malkana, Tehsil and District Pakpattan,. Tariq alias Tahri son of Muhammad Mansha, caste Mahar, resident of Lakhwaira Tehsil and District Pakpatan, Muhammad Amin son of Ahmed, caste Malkana Wattoo, resident of Lakhwaira Tehsil and District Pakpattan, Muhammad Ajmal son of Chiragh, caste Malkana Wattoo resident of Lakhwaira Tehsil and District Pakpattan and Muhammad Naeem son of Haq Nawaz, caste Gadhi Baloch, resident of 101/9-L, Tehsil and District Sahiwal, have assailed their conviction and sentence recorded by the learned Sessions Judge, District Pakpattan vide judgment dated 14.02.2019 in private complaint filed under sections 302, 324, 449, 336, 109, 148 and 149, P.P.C. P.S. Saddar, District Pakpattan titled "Faiz Ahmed v. Ejaz alias jajji, etc", whereby the learned trial court convicted the appellants under section 148, P.P.C. read with section 149, P.P.C. and sentenced to undergo 02-years rigorous imprisonment each along with fine of Rs.10,000/- each and in case of default in payment thereof, they would further undergo 02-months S.I. each. The appellants were also convicted under section 452, P.P.C. read with section 149, P.P.C. and sentenced to undergo 03-years rigorous imprisonment each along with fine of Rs.15,000/- each and in case of default in payment thereof, they would further undergo 03-months S.I each. The appellants were further convicted under section 324, P.P.C. read with section 149, P.P.C. for causing murderous assault upon Mst. Zubaida Bibi and sentenced to undergo 10-years rigorous imprisonment each along with fine of Rs.50,000/- each and in case of default in payment thereof, they would further undergo 06-months S.I each. The appellants were also convicted under section 324, P.P.C. read with section 149, P.P.C. for causing murderous
---
## Page 2
assault upon Mst. Shahida Bibi and sentenced to undergo 10-years rigorous imprisonment each along with fine of Rs.50,000/- each and in case of default in payment thereof, they would further undergo 06-months S.I each. The appellants were also convicted under section 324, P.P.C. read with section 149, P.P.C. for causing murderous assault upon Mst. Razia Bibi and sentenced to undergo 10-years rigorous imprisonment each along with fine of Rs.50,000/- each and in case of default in payment thereof, they would further undergo 06-months S.I. each. The appellants were further convicted under section 337-F(iii), P.P.C. read with section 149, P.P.C. for causing injury on the person of Mst. Zubaida Bibi and sentenced to undergo 03-years rigorous imprisonment each along with Daman of Rs.30,000/- each. The appellants were also convicted under section 337-F(iii), P.P.C. read with section 149, P.P.C. for causing injury on the person of Mst. Shahida Bibi and sentenced to undergo 03-years rigorous imprisonment each along with Daman of Rs.30,000/- each. The appellants were further convicted under section 337-F(iii), P.P.C. read with section 149, P.P.C. for causing injury on the person of Mst. Razia Bibi and sentenced to undergo 03-years rigorous imprisonment each along with Daman of Rs.30,000/- each. The appellants were also convicted under section 302(b), P.P.C. read with section 149, P.P.C. for causing Qatl-i-Amd of Mst. Ameer Sain and sentenced to undergo imprisonment for life as Tazir each with the direction to pay Rs.2,00,000/- each as compensation to the legal heirs of the deceased under section 544-A of Cr.P.C.and in case of default in payment thereof, they would further undergo 06-months S.I each. All the aforesaid sentences awarded to above said appellants would run concurrently. The benefit of section 382-B, Cr.P.C. was also extended in favour of the appellants. 2. Feeling aggrieved by the judgment of the learned trial court, the appellants have assailed their conviction through filing instant appeal bearing Criminal Appeal No.14905 of 2019. It is pertinent to mention here that the complainant also filed Crl. Rev. No.18550/ 2019 qua enhancement of sentence awarded to the appellants and P.S.L.A. No.18548/2019 against acquittal of co-accused namely Muhammad Ahmad, Ahmad Yar, Muhammad Riaz, Farid, Muhammad Anwar and Ibrar alias Dogri. As all the matters are arising out of one and the same judgment of the learned trial court, therefore, these are being disposed of through consolidated judgment. 3. Briefly, the prosecution story as alleged in the private complaint (Ex.PB) of Faiz Ahmed (PW-1) the complainant is that on 07.04.2012 at about 05:00 p.m., he (PW-1) was present in his house situated in middle of the village, his wife Razia Bibi (PW-5), daughters namely Mst. Zubaida Bibi (PW-4), Mst. Shahida Bibi (PW-3) and niece Mst. Ameer Sain (the deceased) were also present there. Meanwhile, Ejaz alias Jajji (the appellant No.1) armed with .12-bore gun, Tariq (the appellant No.2) armed with .12-bore gun, Ahmad Yar alias Ahmi (co-accused since acquitted) armed with .12-bore gun, Riaz Ahmed (co-accused since acquitted) armed with rifle, Ahmed Sher (co-accused since acquitted) armed with rifle, Naeem (the appellant No.5) armed with .12-bore gun, Muhammad Amin (the appellant No.3) armed with 12-bore gun, Ajmal (the appellant No.4) armed with .12-bore gun, Muhammad Ahmed (co-accused since acquitted) armed with .12-bore gun, Farid (co- accused since acquitted) armed with .12-bore gun and Ibrar alias Dogri (co-accused since acquitted) armed with rifle, Nafeesar (co-accused) armed with rifle, forcibly entered into the house of complainant with the intention to commit murder. Ejaz alias Jajji (the appellant No.1) raised lalkara that they would teach a lesson for filing pre-emption suit, whereupon Ejaz alias Jajji (the appellant No.1) made fire shot with his 12-bore gun, which hit on the chest of Mst. Ameer Sain (the deceased). Tariq (the appellant No.2) made fire shot with his 12-bore gun, which hit Mst. Shahida Bibi (PW-3) the injured PW on her back of left shoulder, Muhammad Naeem Baloch (the appellant No.5) made fire shot with his gun, which hit Mst. Razia Bibi (PW-5) the injured PW on back side of her right thigh. Muhammad Amin (the appellant No.3) fired with his gun, which hit Mst. Razia Bibi (PW-5) the injured PW on back of her left thigh, Ajmal (the appellant No.4) made fire shot with his gun, which hit Mst. Zubaida Bibi (PW-4) the injured PW on front of her right thigh, whereas the other
---
## Page 3
accused persons Riaz, Ahmad Sher, Farid, Ahmad Yar alias Ahmi, Muhammad Ahmed, Ibrar alias Dogri and Nafeesar (co-accused since acquitted) also made fire shot while standing inside the door. Meanwhile, fire shot made by Ejaz alias Jajji (the appellant No.1) hit his co-accused Ahmad Sher Baloch, on his naval parts and on his right thigh, whereas, during firing, the fire shot by Muhammad Naeem (the appellant No.5) hit Muhammad Tariq (the appellant No.2) on his legs, fire shot made by Ahmad Yar alias Ahmi (co-accused since acquitted) also hit his co-accused Tariq (the appellant No.2) on his left shoulder. The occurrence was witnessed by Dilmeer (PW-2), Asghar and other residence of the village. On arrival of the villagers, the accused persons while making indiscriminate firing, put their injured co-accused in two cars and succeeded in fleeing away from the spot, whereas, in the way Ahmad Sher accused succumbed to the injuries. In the said assault, wife of complainant namely Mst. Razia Bibi, his daughters namely Mst. Zubaida Bibi and Mst. Shahida Bibi and his niece Mst. Ameer Sain sustained injuries. The complainant (PW-1) shifted the four injured ladies to Civil Hospital, Pakpattan, from where they were referred to DHQ Hospital Sahiwal and then referred to Jinnah Hospital, Lahore, where his niece Mst. Ameer Sain died due to injuries. 4. The motive behind the occurrence was that the complainant side filed suits for pre-emption against Muhammad Anwar and Ghulam Farid (co-accused since acquitted), which was pending and to this grudge, the accused persons with their common object made a plan and committed the occurrence. 5. The complainant Faiz Ahmad (PW-1) has submitted written application (Ex.PA) before S.H.O concerned police station, whereupon formal FIR (Ex.CW-6/A) was chalked out After registration of case, the investigation of this case was conducted by Muhammad Saleem S.I. (Rtd.) (CW-7), who having found the accused/appellants guilty, prepared report under section 173 of Cr.P.C. Being dis- satisfied with the result of investigation, as the Investigating Officer being in league with the accused did not investigate the matter properly, the complainant was constrained to file private complaint (Ex.PB) and after recording the cursory evidence of the complainant and having perused the record, all the accused persons were found connected with the commission of offence, so they all were summoned to face the charge. Thereafter, the learned trial court formally charge sheeted the appellants on 08.04.2014 to which they pleaded not guilty and claimed trial. The complainant in support of its version produced as many as six (06) witnesses, whereas Mst. Shahida Bibi appeared as (PW-3), however, before cross-examination, she died on 19.07.2015 rest of the witnesses were produced by the prosecution as C.W-1 to C.W-15. The appellants were also examined in terms of Section 342, Cr.P.C., wherein the appellants Nos. 1 and 2 namely Ejaz alias Jajji and Tariq alias Tahri appeared as their own witness in terms of section 340(2), Cr.P.C. however appellants Nos.3 to 5 did not opt to appear as their own witness in terms of Section 340(2) of Cr.P.C and the appellants did not opt to produce any defence evidence except the appellant No.1-Ejaz alias Jajji, who tendered Ex.DD to Ex.DU in his documentary evidence. 6. The learned trial court after recording evidence and evaluating the evidence available on record in light of arguments advanced from both sides, found the prosecution version proved beyond any shadow of reasonable doubt, which resulted into conviction of the appellants in the afore stated terms. 7. I have heard the arguments advanced by the learned counsel for the parties and have minutely perused the record available on the file. 8. To prove the ocular account the prosecution produced Faiz Ahmad (PW-1) the complainant, Dilmeer Hussain (PW-2) eye-witness, Mst. Shahida Bibi appeared as PW-3 and before cross- examination, she died on 19.07.2015, Mst. Zubaida Bibi (PW-4) injured PW and Mst. Razia Bibi (PW-5) injured PW. Faiz Ahmad (PW-1) the complainant is father of Mst. Shahida Bibi, Mst. Zahida Bibi and husband of Mst. Razia Bibi, whereas paternal uncle of Mst Ameer Sain-deceased (then injured).
---
## Page 4
According to the prosecution, the incident took place in the house of the complainant at Chak Lakhvaira falling in the territorial jurisdiction of Police Station Saddar Pakpattan at 5.00 p.m. on 07.04.2012, wherein Mst. Shahida Bibi, Mst. Zubaida Bibi (PW-4) injured PW and Mst. Razia Bibi (PW- 5) injured PW received firearm injuries and as per prosecution story, they were shifted to the Hospital for treatment from the place of occurrence by the prosecution witnesses. In this regard Faiz Ahmad (PW-1) the complainant deposed during his examination-in-chief that:-- "All the accused persons fled away from the place of occurrence along with their respective weapons after arrival of the villagers while shifting Ahmad Sher and Tariq accused in their two cars while they were in injured condition. We took care the injured ladies and shifted them to District Headquarter Hospital, Pakpattan through rescue 1122, from where they were referred to District Headquarter Hospital, Sahiwal, from where the injured ladies were referred to Jinnah Hospital Lahore, due to their critical condition, where Mst. Ameeran Bibi succumbed to the injuries." In similar lines Mst. Zubaida Bibi (PW-4) injured PW and Mst. Razia Bibi (PW-5) injured PW deposed during their examination-in-chief. Faiz Ahmad (PW-1) the complainant stated at the trial that they brought the injured, Mst.Shahida Bibi, Mst. Ameer Sain then injured, Mst. Zubaida Bibi (PW-4) injured PW and Mst. Razia Bibi (PW-5) injured PW and then took the injured to the District Headquarter Hospital, Pakpattan. Where first aid was provided to them. Due to critical condition of injured PWs they were shifted to District Headquarter Hospital, Sahiwal. Lady Dr. Samreen Faisal, WMO (CW-2) also deposed during her examination-in-chief that on 07.04.2012 at 9:05 p.m., she medically examined Mst. Shahida Bibi, and at 09:15 p.m. Mst. Ameer Sain (then injured) was medical1y examined at 09:00 a.m and Mst. Zubaida Bibi was medically examined at 9:20 p.m. From the deposition of Dr. Samreen Faisal (C-W-2) and Muhammad Saleem SI (CW-7) it reveals that soon after the incident all injured were not shifted to the Hospital for their treatment. Whereas they were taken to the police station, from place of occurrence, where Muhammad Saleem, SI (C-7) prepared their injuries statement Ex.CW-2/F, Ex.CW-2/E, Ex.CW-2/H, Ex.CW-2/B and Muhammad Javed 145/C took the injured to the DHQ Hospital Pakpattan for medical examination and this fact also reflects from the MLC of Ameer Sain Ex.CW-2/A, Razia Bibi Ex.CW-2/C, Zubaida Bibi Ex.CW-2/E and MLC of Shahida Bibi injured-PW Ex.CW-2/J. Muhammad Saleem, SI (CW-7) (Retired) I.O deposed during examination in chief that:- "On 07.04.2012, I was posted at P.S. Sadar, Pakpattan as Sub-Inspector. On the same day, Mst. Zubaida Bibi PW, Razia Bibi PW, Mst. Shahida Bibi and Mst. Ameer Sain deceased had been brought to me at the police station Sadar, Pakpattan when they were in injured condition. I prepared their injury statements Ex.CW-2/F, Ex.CW-2/E, Ex.CWE-2/H and Ex.CW-2/B and handed over injured ladies to Muhammad Javed 145/C along with their injury statements to DHQ, Hospital, Pakpattan for their medical examination." 9. They were medically examined on 07.04.2012 between 09:00 p.m. to 09:20 p.m. and all injured- PWs were brought to the Hospital at 8:30 p.m. on the same day. In column of medical legal reports relating to, "name of the relative and friend" was written by "police". It is clear from the medical legal certificates that the injured were not accompanied by Faiz Ahmad (PW-1) the complainant and they were brought by the police for medical treatment, which makes the prosecution case doubtful. However, contents of the injury statements Ex.CW-2/F, Ex.CW-2/E, Ex.CW-2/H, Ex.CW-2/B clearly reveal that Mst. Shahida Bibi, Mst. Ameer Sain then injured, Mst. Zubaida Bibi (PW-4) injured PW and Mst. Razia Bibi (PW-5) injured PW were brought to the police station where their injury statements were prepared by Muhammad Saleem, SI (CW-7) (Retired) I.O. Oral evidence cannot displace the contents of the documents itself. A man may lie but a document will not. The prosecution has failed to offer a satisfactory explanation for the shifting of the injured to the hospital after preparing injury statements on 07-04-2012 by Muhammad Saleem, S.I. (CW-7)
---
## Page 5
(Retired) I.O. This creates serious doubt about the genuineness of the prosecution story including presence of the complainant at the scene of occurrence. 10. In the circumstances, I have straightway come to the material improve-ments/discrepancies/ contradictions in the prosecution evidence brought on the record by the defence. The defence has confronted the court statement of Mst. Zubaida Bibi (PW-4) with her earlier statement made before the I.O. The deposition of Mst. Zubaida Bibi (PW-4) reads as under:- "After recording the statement, police obtained my thumb impression in DHQ Hospital, Pakpattan. I had stated in my statement under section 161, Cr.P.C. before the police that Ijaz, Tariq, Ahmad Yar, Naeem, Ajmal, Amin, Muhammad Ahmad and Farid all armed with .12-bore guns forcibly trespassed into my house. Confronted with Ex.DB, wherein only firearms have been mentioned. I had stated in statement that Riaz, Ahmad Sher and Ibrar were armed with rifles when they entered forcibly in our house. Confronted with Ex.DB, wherein only firearms is mentioned. No description of weapon is given., I had stated in my statement under section 161, Cr.P.C before the police that Mst. Shahida Bibi (deceased) after receiving injury lost her capability moving and walking due to fracture of her spinal cord and now she is lying on the cot. Confronted with Ex.DB, wherein it is not so reported. I had stated in my statement under section 161, Cr.P.C that due to firing of the accused persons a terror. was created in the whole village. Confronted with Ex.DB, wherein it is not so recorded. I had stated in my statement under section 161, Cr.P.C. that Ahmd Sher received firearm injury from the hands of ljaz alias Jajji and Ahmad Sher was hardened and desperate criminal and he was involved in so many cases of dacoity and murder and he was wanted person to police in so many cases. Confronted with Ex.DB, wherein it is not so recorded. But it is recorded that Ahmad Sher and Tariq received fire shots from their own companion. I had stated in my statement under section 161, Cr.P.C. that Ijaz alias Jajji made a second fire which landed on the neck of Ahmad Sher deceased. Confronted with Ex.DB, wherein it is not so recorded. I had stated in my statement under section 161, Cr.P.C that Ahmad Yar fired at Tariq accused, which hit on left shoulder of Tariq. Confronted with Ex.DB, wherein it is not so recorded. I had stated in my statement under section 161, Cr.P.C. that Naeem accused fired two shots at the legs of Tariq accused. Confronted with Ex.DB, wherein it is not so recorded. I had stated in my statement under section 161, Cr.P.C that after the occurrence, we reached in the hospital through Rescue 1122 from where we were referred to DHQ Hospital, Sahiwal and from where we were referred to Jinnah Hospital, Lahore. Confronted with Ex.DB, wherein it is not so recorded. I had stated in my statement under section 161, Cr.P.C that Mst. Ameeran Bibi was mother of seven children. Confronted with Ex.DB, wherein it is not so recorded. I had stated in my statement that when we were admitted in Jinnah Hospital for many days and faces many operations. Confronted with Ex.DB, wherein it is not so recorded. I had stated in my statement that motive of this occurrence was that Anwar and Ghulam Farid purchased land from my cousin Tariq and he filed civil suit against accused persons. Confronted with Ex.DB, where detail of litigation is not mentioned. However, it is mentioned that Anwar and Ijaz are involved in litigation with my father." Mst. Razia Bibi (PW-5) deposed during cross-examination that:- "My statement was recorded by the police. I do not remember that after how many days, my statement was recorded by the police. Police had come in my village, but I do not remember to this extent that at what place my statement was recorded. After recording the statement, police obtained my thumb impression in DHQ Hospital, Pakpattan. I had stated in my statement under section 161, Cr.P.C. before the police that Ijaz, Tariq, Ahmad Yar, Naeem, Ajmal, Amin, Muhammad Ahmad and Farid all armed with .12-bore guns forcibly trespassed into my house. Confronted with Ex.DC wherein only firearms have been mentioned. I had stated in statement that Riaz, Ahmad Sher and Ibrar were armed with rifles when they entered forcibly in our house.
---
## Page 6
Confronted with Ex.DC, wherein only firearms is mentioned. No description of weapon is given. I had stated in my statement under section 161, Cr.P.C. before the police that Mst. Shahida Bibi (deceased) after receiving injury lost her capability moving and walking due to fracture of her spinal cord and now she is lying on the cot. Confronted with Ex.DC, wherein it is not so reported. I had stated in my statement under section 161 Cr.P.C that due to firing of the accused persons a terror was created in the whole village. Confronted with Ex.DC, wherein it is not so recorded. I had stated in my statement under section 161, Cr.P.C. that Ahmad Sher received firearm injury from the hands of Ijaz alias Jajji and Ahmad Sher was hardened and desperate criminal and he was involved in so many cases of dacoity and murder and he was wanted person to police in so many cases. Confronted with Ex.DC, wherein it is not so recorded, but it is recorded that Ahmad Sher and Tariq received fire shots from their own companion. I had stated in my statement under section 161, Cr.P.C. that Ijaz alias Jajji made a second fire which landed on the neck of Ahmad Sher deceased. Confronted with Ex.DC, wherein it is not so recorded. I had stated in my statement under section 161, Cr.P.C. that Ahmad Yar fired at Tariq accused, which hit on left shoulder of Tariq. Confronted with Ex.DB, wherein it is not so recorded. I had stated in my statement under section 161, Cr.P.C that Naeem accused fired two shots at the legs of Tariq accused. Confronted with Ex.DC, wherein it is not so recorded. I had statement in my statement under section 161 Cr.P.C. that after the occurrence, we reached in the hospital through Rescue 1122 from where we were referred to DHQ Hospital, Sahiwal and from where we were referred to Jinnah Hospital, Lahore. Confronted with Ex.DC, wherein it is not so recorded. I had statement in my statement under section 161, Cr.P.C. that Mst. Ameeran Bibi was mother of seven children. Confronted with Ex.DC, wherein it is not so recorded. I had stated in my statement that when we were admitted in Jinnah Hospital for many days and faces many operations. Confronted with Ex.DC, wherein it is not so recorded. I had stated in my statement that motive of this occurrence was that Anwar and Ghulam Farid purchased land from my cousin Tariq and he filed civil suit against accused persons. Confronted with Ex.DC, where detail of litigation is not mentioned. However, it is mentioned that Anwar and Ijaz are involved in litigation with my husband." Besides Razia Bibi (PW-5) deposed during cross-examination that: "I do not know when I received injures I was taken to policed station or not. I was taken to Hospital. Police had reached at Hospital. The police had recorded my statement. The statements of Ameeran and Shahida were also recorded at the same time by the police." 11. Similarly, Faiz Ahmad (PW-1) the complainant improved his court statement. During cross- examination he (PW-1) deposed that: "I drafted in my application about the relationship of the accused which is mention in the first para of my chief examination. Confronted with Ex.PA where it is not so recorded. I got drafted in my application Ex.PA that my house is situated in the middle of the village. Confronted with Ex.PA where it is so recorded. I recorded in application Ex.pA that Ijaz alias Jajji accused fired upon me but one of his fire hit on the chest of Mst. Ameer Sain my niece. Confronted with Ex.PA where it is so recorded. However, this fact is not mentioned in my chief examination. ' I got recorded in my application that Ijaz accused is a hardened and desperate criminal and he was absconder in so many cases of dacoity and murder and he was a wanted person of the police in so many cases. He fired another shot which hit on the leg of Ahmed Sher mentioned above. Confronted with Ex.PA where it is not so recorded. I got recorded in my application that accused Ahmed Yar fired at Tariq accused which hit on the left shoulder of Tariq and Naeem accused fired two shots at the legs of Tariq accused. Confronted with Ex.PA where it is not so recorded. I did record in my application that we shifted the injured lady to District Headquarter Hospital, Pakpattan through Rescue 1122. Confronted with Ex.PA where only word "Rescue 1122" is not mentioned. I did not record in my application Ex.PA that my daughter Shahida Bibi remained
---
## Page 7
admitted and faced treatment at Jinnah Hospital for two months. She also faced three serious operations and she lost her capacity of movement. Volunteered that at the time of registration of case she was admitted at the hospital and at that time I was not known about her disability of moving and walking as it was informed to me by doctor during and after the treatment of operation of my daughter much after the occurrence. I did not get record in my application Ex.PA that police joined the hands with accused persons and after getting heavy illegal gratification twisted the facts of occurrence and got registered a cross version of this case in order to support the accused persons for making a defence version. Thus, it becomes clear that there are major…
Read the unabridged text and precedent citation network on Al Wakeelo Legal Research Platform.