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Official Citation: 2025 LHC 1963
Court / Jurisdiction: Lahore High Court
Year of Decision: 2025
Decision Date: 2025-03-11
Parties: The State, Aftab and five others vs Aftab, The State and another
Ruling Summary: This decision was rendered by the Lahore High Court on 2025-03-11, officially reported as 2025 LHC 1963. In this matter between The State, Aftab and five others and Aftab, The State and another, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
Case cited as 2025LHC1963
Court Name: Lahore High Court Judge(s): Sadiq Mahmud Khurram, Ch. Sultan Mahmood Title: The State, Aftab and five others vs Aftab, The State and another Case No.: Murder Reference No. 94-LD of 2022, Criminal Appeal No. 947-LD of 2022 Date of Judgment:2025-03-11 Reported As: 2025 LHC 1963 Result: Murder Reference Answered in Negative
Judgment
JUDGM ENT SADIQ M AHM UD KHURRAM , J.- Aftab son of Zafar Iqbal ,Mehtab son of Zafar Iqbal, Jehangir alias Nomi son of Liaquat, Zafar Iqbal son of Abdul Shakoor, Sajjad son of Abdul Shakoor and Waseem son of Zafar Iqbal (convicts) were tried along with Imran son of Zafar Iqbal (since acquitted), the co-accused of the convicts, by the learned Additional Sessions Judge Kehror Pacca in the case instituted upon the private complaint titled "Muhammad Afzal Vs. Sajjad and seven others" lodged in respect of offences under sections 302, 324,337-D, 337-A(i), 337-F(iii), 148 and 149 P.P.C.. (related to F.I.R No. 470 of 2017, dated 02.11.2017, registered at police station City Kehror Pacca, District Lodhran) for committing the Qatl-i-Amd of Muhammad Ashraf son of Muhammad Siddique (deceased) . The learned trial court vide judgment dated 28.09.2022 convicted Aftab son of Zafar Iqbal ,Mehtab son of Zafar Iqbal, Jehangir alias Nomi son of Liaquat, Sajjad son of Abdul Shakoor ,Zafar Iqbal son of Abdul Shakoor and Waseem son of Zafar Iqbal(convicts) and sentenced them as infra: Aftab son of Zafar Iqbal :- Death under section 302(b) P.P.C. as Tazir for committing Qatl-i-Amd of Muhammad Ashraf son of Muhammad Siddique (deceased) and directed to pay Rs. 5,00,000/- as compensation under section 544-A, Cr.P.C. to the legal heirs of the deceased and in case of failure to pay compensation, to further undergo simple imprisonment of six months. The convict was ordered to be hanged by his neck till death. Mehtab son of Zafar Iqbal:-
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i) Rigorous imprisonment of ten years under section 324 P.P.C. and directed to pay fine of Rs.100,000/- and in case of default of payment of fine, to undergo simple imprisonment of six months. ii) Simple imprisonment of two years under section 337-A(i) P.P.C. and directed to pay Daman of Rs.50,000/- to Muhammad Arshad (PW-4). iii) Simple imprisonment of three years under section 337-F(iii) P.P.C. and directed to pay Daman of Rs.100,000/- to Muhammad Arshad (PW-4). Jehangir alias Nomi son of Liaquat :- i) Rigorous imprisonment of ten years under section 324 P.P.C. and directed to pay fine of Rs.100,000/- and in case of default of payment of fine, to undergo simple imprisonment of six months. ii) Simple imprisonment of two years under section 337-A(i) P.P.C. and directed to pay Daman of Rs.50,000/- to Muhammad Aadil (PW-3) iii) Simple imprisonment of ten years under section 337-D P.P.C. and directed to pay Arsh of the value of 1/3rd the amount of Diyat as notified for the year 2017 to Muhammad Aadil (PW-3). Zafar Iqbal son of Abdul Shakoor :- i) Rigorous imprisonment of ten years under section 324 P.P.C. and directed to pay fine of Rs.100,000/- and in case of default of payment of fine, to undergo simple imprisonment of six months. ii) Simple imprisonment of ten years under section 337-D P.P.C. and directed to pay Arsh of the value of 1/3rd the amount of Diyat as notified for the year 2017 to Shamroz (PW-1) Sajjad son of Abdul Shakoor :- i) Rigorous imprisonment of ten years under section 324 P.P.C. and directed to pay fine of Rs.100,000/- and in case of default of payment of fine, to undergo simple imprisonment of six months. ii) Simple imprisonment of ten years under section 337-D P.P.C. and directed to pay Arsh of the value of 1/3rd the amount of Diyat as notified for the year 2017 to Shamroz (PW-1) Waseem son of Zafar Iqbal :- i) Rigorous imprisonment of ten years under section 324 P.P.C. and directed to pay fine of Rs.100,000/- and in case of default of payment of fine, to undergo simple imprisonment of six months. ii) Simple imprisonment of three years under section 337-F(iii) P.P.C. and directed to pay Daman of Rs.100,000/- to Muhammad Arshad (PW-4). The benefit of Section 382-B of the Code of Criminal Procedure, 1898 was extended to the convicts by the learned trial court. The sentences awarded to convicts were ordered to run concurrently by the learned trial court. The convicts namely Aftab son of Zafar Iqbal, Mehtab son of Zafar Iqbal, Jehangir alias Nomi son of Liaquat, Sajjad son of Abdul Shakoor, Zafar Iqbal son of Abdul Shakoor and Waseem son of Zafar Iqbal were acquitted of the charges under sections 148 and 149 P.P.C. by the learned trial court. Imran son of Zafar Iqbal, the co-accused of the convicts was acquitted of all the charges by the learned trial court. 2. Feeling aggrieved, Aftab son of Zafar Iqbal, Mehtab son of Zafar Iqbal, Jehangir alias Nomi son of Liaquat, Sajjad son of Abdul Shakoor, Zafar Iqbal son of Abdul Shakoor and Waseem son of Zafar Iqbal (convicts) lodged the Criminal Appeal No.947-LD of 2022, assailing their convictions and sentences. The learned trial court submitted Murder Reference No. 94-LD of 2022 under section 374 Cr.P.C. for confirmation or otherwise of the sentence of death awarded to Aftab son of Zafar Iqbal (convict). We intend to dispose of the Criminal Appeal No.947-LD of 2022 and the Murder Reference No. 94-LD of 2022 through this single judgment.
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3. Precisely, the necessary facts of the prosecution case, as stated by Muhammad Afzal (PW-5), the complainant of the case, are as under:- "Stated that I alongwith my brother Ashraf etc worked in vegetable market Kehror Pacca at shop No.21. On 02.11.2017 at 6:45 A.M I alongwith my brother Ashraf, Arshad alias Achho, Aadil s/o Arshad, Rawal s/o Arshad, Shamrooz s/o Iftikhar were also present in our shop. Accused Zaffer Iqbal armed with rifle, Sajjad armed with rifle, Aftab, Mehtab, Imran and Waseem armed with 30 bore pistols, Jahangir alias Nomi armed with pistol 30 bore alongwith two unknown person came there, upon which accused Zaffer Iqbal and. Sajjad made Lalkara to teach them lesson for registering of case, upon which accused Mehtab made straight fire which hit on scrotum of Muhammad Arshad, Jahangir alias Nomi made fire shot which hit on upper side of head from right ear of Rana Aadil, he repeated fire shot which hit on buttock of Aadil and through & through from abdomen. Ashraf deceased came forward and caught hold accused Aftab, upon which Aftab accused made fire shot from close distance which hit to Ashraf on thigh of his right leg due to which he fell down. On falling, Aftab accused made fire shot which hit to left buttock of deceased Ashraf. Accused Mehtab made fire shot at me which hit to right thigh of Aftab accused instead of me. Zaffer accused made fire shot from his rifle which hit on chest of Shamrooz. Accused Sajjad made fire shot from his rifle which hit on abdomen of Shamrooz. Accused Waseem made fire shot which hit on right knee of Rawal. On our hue and cry PWs Nazeer s/o Rehmat and Zeeshan s/o Ashraf and other people, who were present in market witnessed the occurrence. Muhammad Ashraf succumbed to the injuries due to firing of accused persons and others were injured. Accused persons made aerial firing and caused terror in green market. People, who were gathered in green market hit bricks and stone which hit to accused Aftab, Mehtab and Jahangir and they were injured. The said accused were caught hold by the people alongwith their weapons, while other accused persons made their good escape from the spot with their respective weapons. Motive behind the occurrence was that prior to one day before the occurrence accused persons made quarrel with us regarding which we got registered a criminal case No.469/2017, u/s 324 PPC, Police Station City Kehror Pacca against the accused persons. I left the dead body of deceased Muhammad Ashraf at the spot and went to police station, where I submitted application Ex.PA for registration of case which bears my signatures as Ex.PA/1. After the registration of case police arrived at the spot. Police inspected the place of occurrence in our presence and took into possession blood stained earth from the spot, made sealed parcel and took into possession through recovery memo Ex.PB which was attested by me and Zeeshan. I put my thumb impression on it and Zeeshan signed the same. Police took into possession 18 crime empties of pistol 30 bore from the spot. 1.0 prepared sealed parcel and took into possession 18 crime empties of pistol 30 bore P-1(1 to 18) through recovery memo Ex.PC which was attested by me and Zeeshan on which I put my thumb impression, while Zeeshan signed the same. On the same day 1.0 took into possession 11 crime empties of rifle scattered on the spot, prepared sealed parcel and took into possession 11 crime empties of rifle P-2(1 to 11) through recovery memo Ex.PD, which was attested by me and Zeeshan on which I put my thumb impression, while Zeeshan signed the same. On the same day postmortem of deceased was conducted by the doctor and other injured were medically examined. Police formally arrested accused Aftab, Mehtab and Jahangir alongwith their weapons from the spot. Police was connived with the accused persons. Police challaned the accused Sajjad and Zaffar Iqbal u/s 109 PPC. In fact both of the accused persons were present at the spot and caused injuries to Shamrooz and MLC of Shamrooz is available on record. Police declared innocent accused persons Waseem and Imran. In fact both said accused were also present at the spot and accused Waseem caused injuries to Rawal and MLC of Rawal is available on record. Police did not record statements of witnesses as per their versions, however police recorded the statements with their own accord. All the accused persons are history sheeter. I was
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not heard by the police, so I moved application for change of investigation but there I was not heard. So I have left no other option except to file the instant private complaint Ex.PE whit.. bears my signatures as well as my thumb impressions as Ex.PE/1. Xxxxx Reserved on the request of learned defense counsel." 4. The accused were summoned to face trial in the case instituted upon the private complaint titled "Muhammad Afzal Vs. Sajjad and seven others" lodged in respect of offences under sections 302, 324,337-D, 337-A(i), 337-F(iii), 148 and 149 P.P.C.. (related to F.I.R No. 470 of 2017, dated 02.11.2017, registered at police station City Kehror Pacca, District Lodhran) for committing the Qatl-i-Am d of Muhammad Ashraf son of Muhammad Siddique (deceased). The learned trial court framed the charge against the accused on 22.10.2019, to which the accused pleaded not guilty and claimed trial. 5. The complainant of the case in order to prove his case got recorded statements of as many as seven witnesses. The ocular account of the case was furnished by Shamroz (PW-1), Rawal (PW-2), Muhammad Aadil (PW-3), Muhammad Arshad (PW-4), Muhammad Afzal (PW-5) and Muhammad Zeeshan (PW-6). Liaquat Ali (PW-7) stated that on 02.11.2017, he identified the dead body of the deceased namely Muhammad Ashraf at the time of its post mortem examination 6. The learned trial court recorded the statements of six witnesses as Court witnesses. Siraj ud Din draftsman (CW-1) prepared the scaled site plan of the place of occurrence (Exh.CW-1-A). Saeed Ahmad 105/HC (CW-6) stated that on 02.11.2017, he got recorded the formal F.I.R. (Exh.CW-6-A) and on the same day the Investigating Officer of the case handed over to him six sealed parcels and on 28.11.2017, he handed over the said sealed parcels to the Investigating Officer of the case for their onward transmission to the office of the Punjab Forensic Science Agency, Lahore. Muhammad Zubair, SI (CW-3) investigated the case from 02.11.2017 till 26.01.2018 arrested the appellant namely Mehtab on 02.11.2017, arrested the appellant namely Jehangir alias Nomi on 04.11.2017, arrested the appellant namely Aftab on 14.12.2017 and arrested the appellants namely Sajjad and Zafar Iqbal on 04.01.2018 and narrated the facts of the investigation conducted by him in his statement recorded by the learned trial court. 7. The learned trial court also recorded the statement of Dr. Muhammad Rafique (CW-2), who on 02.11.2017 was posted as Medical Officer at THQ hospital Kehror Pacca and on the same day conducted the post-mortem examination of the dead body of the deceased, namely Muhammad Ashraf son of Muhammad Siddique. Dr. Muhammad Rafique (CW-2) on examining the dead body of the deceased namely Muhammad Ashraf son of Muhammad Siddique observed as under:- " Injury No. 1: A lacerated wound 7mm x 7 mm x going deep, on center of left buttock. (wound of entry). Injury No.2: A lacerated wound 2 cm x 1.5 cm x going deep with burning around, on front of right thigh, 12cm below mid-inguinal point.(wound of entry) In the light of autopsy findings and X-rays injuries No.1 and 2 due to fire arm were sufficient to cause death in the ordinary course of nature. The injuries were ante-mortem in nature and homicidal in manner. The mode of death was hemorrhagic shock. Injur No.1 was Jurah Jaifah and injury No.2 was Jurah Ghair Jaifah Mutalahimah.." On 02.11.2017 Dr. Muhammad Rafique (CW-2) also medically examined Shamroz (PW-1). Dr. Muhammad Rafique (CW-2) on examining Shamroz (PW-1) observed as under:- "DESCRIPTION OF INJURIES. In ICU BVH patient was under anesthesia, abdomen and covered with bandages. Right chest tube applied with under water sealed drainage. Two drainage tubes coming out of right side of abdomen. NG tube present. Foley's present.
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Patient very very serious." On 02.11.2017, Dr. Muhammad Rafique (CW-2) also medically examined, Muhammad Aadil (PW-3). Dr. Muhammad Rafique (CW-2) on examining Muhammad Aadil (PW-3) , observed as under:- "Injury No.1 A lacerated wound 7cmx1cmX bone not exposed on right side of scalp, 8 cm above right ear. Injury No.2 A Circular lacerated wound 7 mmx7mm x going deep on upper and medial quadrant of left buttock (wound of entry). Injury No.3 A circular lacerated wound 1cmx1cmx going deep on abdomen, 4cm above right anterior superior iliac spine, 11 cm lateral and inferior to umbilicus. (Wound of exit)" On 02.11.2017, Dr. Muhammad Rafique (CW-2) also medically examined, Muhammad Arshad (PW- 4). Dr. Muhammad Rafique (CW-2) on examining Muhammad Arshad (PW-4), observed as under:- "Injury No.1 A circular lacerated wound 1.2cmx1cmX going deep on upper and outer part of right scrotum (wound of entry). Injury No.2 A Circular lacerated wound 1 mmx1mm x going deep 1 cm below injury No.1 (wound of exit-1). Injury No.3 A lacerated wound 6cmx1cmx muscles deep on upper part of right thigh near scrotum. (Wound of exit-2) (gutter wound)." On 02.11.2017, Dr. Muhammad Rafique (CW-2) also medically examined, Rawal (PW-2). Dr. Muhammad Rafique (CW-2) on examining Rawal (PW-2), observed as under:- "Injury No.1 A circular lacerated wound 1cmx1cmX going deep 4 cm above and medial to right patella (wound of entry). Injury No.2 A lacerated wound 1.3 mmx1mm x going deep, below right patella (wound of exit)." On 02.11.2017, Dr. Muhammad Rafique (CW-2) also medically examined, the appellants namely Mehtab, Aftab and Jehangir alias Nomi and issued the Medico Legal Examination Certificates.The learned trial court also recorded the statement of Dr. Hafiz Muhammad Usman (CW-4) who stated that on 02.11.2017, the prosecution witnesses namely Shamroz (PW-1), Muhammad Aadil (PW-3) and Muhammad Arshad (PW-4) were brought to Bahawal Victoria Hospital, Bahawalpur and he treated them and issued the surgical notes related to them. The learned trial court also recorded the statement of Dr. Muhammad Shahid Riaz (CW-5) who stated that on 02.11.2017, he had examined the prosecution witness namely Rawal (PW-2) and issued the surgical notes related to him. 8. On 09.02.2021, the learned counsel for the complainant gave up the witness namely Nazir Ahmad as being unnecessary. On 31.05.2022, the learned counsel for the complainant closed the prosecution evidence after tendering in evidence the certified copy of FIR No. 469/2017 (Ex.P-K), the certified copies of the previous criminal cases registered against the accused (Ex.P-M to Ex.P-R), the certified copy of the private complaint titled "Irshad Vs. Muhammad Afzal etc" (Ex.P-S), the certified copies of the statements of witnesses (Ex.P-S/1 and Ex.P-S/2) recording during inquiry proceedings of the private complaint titled "Irshad Vs. Muhammad Afzal etc" and the certified copy of the order dated 15.12.2021 ( Ex.P-S/3). 9. After the closure of prosecution evidence, the learned trial court examined the appellants namely Aftab son of Zafar Iqbal, Mehtab son of Zafar Iqbal, Jehangir alias Nomi son of Liaquat, Zafar Iqbal son of Abdul Shakoor ,Sajjad son of Abdul Shakoor and Waseem son of Zafar Iqbal under section 342 Cr.P.C. and in answer to the question why this case against you and why the PWs have deposed against you, they replied that they had been involved in the case falsely and were innocent . The appellants opted not to get themselves examined under section 340(2) Cr.P.C. and did not adduce any evidence in their defence. 10. On the conclusion of the trial, the learned Additional Sessions Judge Kehror Pacca convicted and sentenced the appellants as referred to above.
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11. The contention of the learned counsel for the appellants precisely was that the whole case was fabricated and false and that the prosecution remained unable to prove the facts in issue and did not produce any unimpeachable, admissible and relevant evidence. Learned counsel for the appellants in support of this appeal, further contended that the story of the prosecution mentioned in the F.I.R., on the face of it, was highly improbable and the reason assigned by the complainant and the eye-witnesses for being present at the place of occurrence was without any justification. He further contended that the statements of Shamroz (PW-1), Rawal (PW-2), Muhammad Aadil (PW-3), Muhammad Arshad (PW-4), Muhammad Afzal (PW-5) and Muhammad Zeeshan (PW-6) were not worthy of reliance. The learned counsel for the appellants further argued that on the day of occurrence, the appellants namely Aftab son of Zafar Iqbal, Mehtab son of Zafar Iqbal and Jehangir alias Nomi son of Liaquat were seriously injured during the occurrence. The learned counsel for the appellants finally submitted that the prosecution had totally failed to prove the case against the accused beyond the shadow of doubt. 12. On the other hand, the learned Deputy Prosecutor General along with the learned counsel appearing on behalf of the complainant/respondent No.2 contended that the prosecution proved its case beyond the shadow of doubt by producing independent witnesses. They further argued that the deceased died as a result of injuries suffered at the hands of the appellants and the witnesses were also injured at the hands of the appellants. They further contended that the medical evidence also corroborated the statements of Shamroz (PW-1), Rawal (PW-2), Muhammad Aadil (PW-3), Muhammad Arshad (PW-4), Muhammad Afzal (PW-5) and Muhammad Zeeshan (PW-6). They contended that there was no occasion for the prosecution witnesses to substitute the real offenders with the innocent in this case. Lastly, the learned Deputy Prosecutor General along with the learned counsel appearing on behalf of the complainant/respondent No.2 prayed for the rejection of the appeal. 13. We have heard the learned counsel for the appellants, the learned counsel appearing on behalf of the complainant/respondent No.2, the learned Deputy Prosecutor General and with their assistance perused the record and evidence recorded during the trial. 14. The occurrence in the present case is admitted by the parties with their own respective versions. Each party has given a different version of the occurrence to establish the aggression of his opponent. According to the prosecution witnesses, on the day of occurrence they were attacked by the appellants and their co-accused resulting in the injuries to Shamroz (PW-1), Rawal (PW-2), Muhammad Aadil (PW-3) and Muhammad Arshad (PW-4) and death of Muhammad Ashraf (deceased) whereas according to the appellants, on the day of occurrence , the appellants namely Aftab son of Zafar Iqbal , Mehtab son of Zafar Iqbal and Jehangir alias Nomi son of Liaquat were seriously injured during the occurrence . It is a case of two versions, one set by the prosecution and the other as stated by the appellants. The common features in both the versions (one set out by the prosecution and the other by the appellants) are that the place of occurrence is not disputed and the incident happening suddenly is also admitted. First of all, we would like to see whether the prosecution has succeeded to prove its case against the appellants beyond any shadow of doubt because, primarily, it is the responsibility of the prosecution to discharge the said onus. The prosecution, in order to prove its case, mainly relied on the ocular account of the occurrence as furnished by Shamroz (PW-1), Rawal (PW-2), Muhammad Aadil (PW-3), Muhammad Arshad (PW-4), Muhammad Afzal (PW-5) and Muhammad Zeeshan (PW-6) and the medical evidence. The presence of Shamroz (PW-1), Rawal (PW-2), Muhammad Aadil (PW-3) and Muhammad Arshad (PW-4) at the place of occurrence, at the time of occurrence is established as they had the stamp of injuries on their bodies. The prosecution witnesses namely Shamroz (PW-1), Rawal (PW-2), Muhammad Aadil (PW-3) and Muhammad Arshad (PW-4) were examined by Dr. Muhammad Rafique (CW-2) . The presence of the prosecution witnesses namely Shamroz (PW-1),
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Rawal (PW-2), Muhammad Aadil (PW-3) and Muhammad Arshad (PW-4), at the place of occurrence, at the time of occurrence could not even be disputed by the appellants. While appearing before the learned trial court, the prosecution witnesses namely Shamroz (PW-1), Rawal (PW-2), Muhammad Aadil (PW-3), Muhammad Arshad (PW-4), Muhammad Afzal (PW-5) and Muhammad Zeeshan (PW-6) remained consistent on material particulars of the incident and we see no reason not to believe testimony of these prosecution witnesses with regard to their presence at the place of occurrence, at the time of occurrence. After careful analysis of the evidence produced by the prosecution in this case, we are of the considered view that the prosecution has proved that the prosecution witnesses namely Shamroz (PW-1), Rawal (PW-2), Muhammad Aadil (PW-3), Muhammad Arshad (PW-4), Muhammad Afzal (PW-5) and Muhammad Zeeshan (PW-6) were present at the place of the occurrence and the appellants were also present at the spot while armed and caused injuries to the deceased as well as the prosecution witnesses. 15. As we have held above, in this case date, time and place of occurrence is admitted but only the manner of the incident stated by the appellants' side is different from the prosecution case. We have noted that learned counsel for the appellants argued that the complainant side received all the injuries at the hands of their own companions but also stated that the appellants namely Aftab son of Zafar Iqbal, Mehtab son of Zafar Iqbal and Jehangir alias Nomi son of Liaquat were seriously injured during the occurrence. The prosecution witnesses namely Shamroz (PW-1), Rawal (PW-2), Muhammad Aadil (PW-3), Muhammad Arshad (PW-4), Muhammad Afzal (PW-5) and Muhammad Zeeshan (PW-6) stated about the injuries suffered by the appellants namely Aftab son of Zafar Iqbal, Mehtab son of Zafar Iqbal and Jehangir alias Nomi son of Liaquat that the said injuries were inflicted upon them by other people who were also present at the place of the incident and not by the prosecution witnesses. Shamroz (PW-1) stated in his statement before the learned trial court, as under:- " The other people present in the market gave brick/stone blows to the accused and Metab, Aftab and Jahangir were injured who were apprehended by the people along with their respective weapons while other succeeded in fleeing away from the spot." Rawal (PW-2) stated in his statement before the learned trial court, as under:- "The other people present in the market gave brick/stone blows to the accused and Metab, Aftab and Jahangir were (sic) injured were apprehended by the people along with their respective weapons while other succeeded in fleeing away from the spot." Muhammad Aadil (PW-3) stated in his statement before the learned trial court,as under:- "The other people present in the market gave brick/stone blows to the accused and Metab, Aftab and Jahangir were (sic) injured were apprehended by the people along with their respective weapons while other succeeded in fleeing away from the spot." Muhammad Arshad (PW-4) stated in his statement before the learned trial court, as under:- "The other people present in the market gave brick/stone…
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