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Petitioner: MUHAMMAD ASHRAF VS Respondent: STATE
1997 M L D 980
1997 M L D 980
[Lahore]
Before Ch. Khurshid Ahmad, J
MUHAMMAD ASHRAF alias ADDU‑‑‑Appellant
versus
THE STATE‑‑‑Respondent
Criminal Appeal No.210 of 1995, heard on 12th October, 1995.
Penal Code (XLV of 1860)‑‑‑
‑‑‑‑Ss.302, 100 & 102‑‑‑Appreciation of evidence‑‑‑Benefit of doubt‑‑‑Right of private defence of body‑‑‑Extent of protection‑‑‑Prosecution had failed to prove its case against accused beyond all reasonable doubts benefit of which was to go to accused‑‑‑Additionally, accused's plea of self‑defence as against the prosecution story was more plausible‑‑‑Accused whose two brothers had already been murdered by the complainant party had naturally apprehended danger to his life when the deceased and others on appearing in the Emergency Ward of the Hospital had started firing‑‑‑One pistol and two empties were recovered from near the deceased‑‑‑Extent of apprehension of the accused in such a situation could not be weighed in golden scales‑‑‑Accused had exercised his right of self- defence available to him under the law and had not exceeded reasonable limits‑‑ Accused was acquitted in circumstances.
Muhammad Aslam and others v. The State 1988 SCMR 940; Masood Anwar v. The State 1994 SCMR 6; Guloo alias Gul Muhammad v. The State 1994 PCr.LJ 1631; Abdur Rashid v. Amid Ali and others PLD 1975 SC 77; Nawaz Ali and another v. The State 1981 SCMR 132; Ahmad and others v. The State 1982 SCMR 1049; Abdul Ghafoor v. The State 1982 SCMR 162; Bagh Ali v. Muhammad Anwar and another 1983 SCMR 1292; Ghulam Murtaza v. The State 1993 PCr.LJ 1646; Liaqat v. The State 1994 SCMR 1161; Jamal Din's case 1971 SCMR 800 and Shameer alias Shaila v. The State PLD 1958 SC (Pak.) 242 ref.
R.A. Awan for Appellant.
Mian Muhammad Bashir, A.A.‑G with Masood Sadiq Mirza for the State.
Date of hearing: 12th October, 1995.
JUDGMENT
The appellant was convicted on 26‑3‑1995 by Additional Sessions Judge, Lahore under section 302, P.P.C. for committing the murder of Shahid Pervaiz and was sentenced to imprisonment for life and a fine of Rs.5,000. In default of payment of fine the accused was ordered to undergo further R.I. for six months. Benefit under section 382‑B, Cr.P.C. was also granted to the appellant whereas his co‑accused Muhammad Aslam and Mehmood Ali alias Mooda were acquitted.
2. Alleged brief facts leading to the conviction of the appellant are that on 23‑4‑1990 at about 2‑15 or 2‑30 p.m. the accused Muhammad Aslam, and Mehmood Ali alias Mooda both armed with mausers, at Rasheed Watch Company, Anarkali, Lahore, with common intention committed murderous assault at the person of Shahid Parvaiz and they fired upon him with their mausers hitting him at the back side of his head and the lower portion of his neck. On the hue raised, by complainant Muhammad Qadeer, the accused persons fled away. This occurrence, as per F.I.R., was witnessed by Naseer Ahmad, Muhammad Siddique and the complainant Muhammad Qadeer. P.Ws. Muhammad Qadeer and Naseer Ahmad carried the injured Shahid Parvaiz to Mayo Hospital, Lahore, immediately but the abovesaid two accused Muhammad Aslam and Mehmood alias Mooda with the addition of Ashraf alias Addu, the third accused, had reached there prior to them and on seeing the injured, the accused Aslam and Mehmood alias Mooda raised Lalkara to the effect that Shahid Parvaiz was still alive and that he should be finished. On this accused Muhammad Ashraf who was armed with gun .12 bore, directly fired at Shahid Parvaiz, which hit at his chest with the result that after a few moments he expired. This part of the occurrence was witnessed by Muhammad Arshad apart from Muhammad Qadeer and Muhammad Naseer.
3. The motive behind the occurrence, as alleged in F.I.R., was that Muhammad Asghar real brother of accused Muhammad Ashraf and Muhammad Aslam had earlier been murdered by Hamayun Khan real brother of Shahid Pareaiz. Apart from above on the same day about half an hour prior to the present occurrence, Muhammad Akbar real brother of the accused Muhammad Aslam and Muhammad Ashraf, had also been murdered within the limits of Police Station Naulakha.
4. F.I.R. No.95/90 was registered on the basis of application of the complainant under section 307/34, P.P.C. on 9‑5‑1990 when the same was produced before S.H.O., of New Anarkali, Lahore. Yet another application was presented before S.H.O., Gowalmandi, Lahore by the same Muhammad Qadeer on the basis of which F.I.R. No.185/90 was registered at the Police Station under section 302/34, P.P.C. on 9‑5‑1990. Both cases were investigated and reports under section 173, Cr.P.C. were filed and the Additional Sessions Judge Lahore vide his order dated 9‑3‑1992 ordered that proceedings in both the cases be recorded separately. The appellant and his co‑accused Mahmood Ali were charged under section 307/34, P.P.C. regarding the occurrence of mounting murderous assault on Shahid Parvaiz within the jurisdiction of Police Station Anarkali and the second head of the charge related to causing the death of said, Shahid Parvaiz, within the jurisdiction of Police Station Gowalmandi. The charges were read over to these accused. They pleaded not guilty and claimed trial. Another charge on 2‑2‑1993 was framed with the heads under sections 307/34, P.P.C. and 302/34, P.P.C. To this charge the accused did not plead guilty and claimed trial. Another charge was framed against Muhammad Ashraf, Muhammad Aslam, his real brother and Mehmood Ali on 29‑3‑1992 under section 302/34,P.P.C. which was also read over to the accused and they pleaded not guilty and claimed trial.
5. It will be pertinent to mention here that both the F.I.Rs. were registered at both the police stations under direction of the High Court made in two separate writ petitions.
6. At trial prosecution produced Muhammad Naveed P.W.1, who was a witness of recovery of mauser P. l from Muhammad Aslam, acquitted accused. He was marginal witness of recovery memo. Exh.P.A. Syed Younas Ali Shah, Draftsman P.W.2 had prepared site plan Exh.P.B/1‑2 in scale of 20 feet to 1 inch which he delivered to the police. Muhammad Nawaz, P.W.3. while posted as M.H.C. P.S. Gowalmandi, Lahore was handed over two sealed parcels pertaining to this case by Muhammad Yousaf, S.I. which were said to contain a gun and a pistol. On 24‑4‑1990 another parcel given to him by the doctor was handed over to him. All the three parcels were retained by him to safe custody and on 14‑5‑1990 he delivered these parcels to Muhammad Safdar, Constable P.W. for delivery at the office of S.I. Technical Services. These parcels were re deposited and were re‑issued to the said P.W. Muhammad Qadeer, P.W.4 was the first informant and narrated all the facts that he had alleged in the applications on the basis of which the F.I.Rs. were registered. Muhammad Siddique P.W.5 stated that at about 2/2‑30 p.m. on the day of occurrence he was present in his Paan Shop situated in New Anarkali, Lahore when he heard the noise of Muhammad Aslam and Mehmood acquitted accused who came there by a Motor‑cycle which had no number plate. Both of them alighted from the Motor‑cycle. They were armed with mausers. Aslam raised Lalkara that he would avenge the murder of his brother. Shahid Parvaiz ran into a shop. Both fired at Shahid Parvaiz from behind. The occurrence was witnessed by Nasir. Qadeer and many other persons of the bazar. The accused ran away Nasir anal Qadeer took Shahid Parvaiz to the hospital in a rickshaw.
Muhammad Arshad P.W.6 denied to have witnessed the
occurrence. He was declared hostile and was cross‑examined by D.D.A. Abdur Rashid P.W.7 had identified the dead body of Shahid Parvaiz at the time of Post‑mortem Examination and was also a marginal witness to the recovery memo. Exh.P.E. of a blood‑stained box P.2 which was sealed into a parcel. Tariq Parvaiz, A.S.I. P.W.8 was posted on 9‑5‑1990 in Police Station Gowalmandi. He received Exh.P.D. through Muhammad Safdar constable P.W. from Muhammad Yousaf, S.I. P.W. and registered the formal F.I.R. Exh: P.D./A. Muhammad Yousaf, Inspector P.W. 9, who was posted as Incharge/S.I. Police Post Mayo Hospital, Lahore on 9‑5‑1990 stated that he appeared in writs pending in the High Court and was issued a direction to register a case on the basis of complaint of the complainant. P.W.3 had produced complaint Exh.P.D. whereupon he put his note and sent the same for formal registration. He went to the place of occurrence, and inspected the same. No P.W. was present there and none was produced by the complainant. The investigation was transferred from him on 16‑5‑1990. While posted as above Muhammad Ashraf accused on 23‑4‑1990 had got registered a case under section 307/34, P.P.C. with him. He had taken into possession gun P.3 and live cartridges P.4 and one crime empty Exh. P.5 from Muhammad Ashraf accused and secured the same vide memo. Exh.P.F. which was witnessed by Sala‑ud‑Din and Ehsal‑ul‑Haq. He was present in Emergency of the Mayo Hospital on 23‑4‑1990 at about 2‑40 p.m. when he heard a fire short from outside. On coming out he saw Shahid Parvaiz deceased having fallen on the ground. Muhammad Ashraf accused was present at the spot at that time alongwith the gun P.3. He prepared Inquest report Exh.P.G., Injury statement Exh.P.H. and sent the dead body of Shahid Parvaiz for postmortem examination to the mortuary under the escort of two constables alongwith applications Exh.P.l and Exh. P.J. Muhammad Ashraf, accused had failed to produce any licence. He got a separate case registered under the Arms Ordinance. Near the dead body of deceased Shahid Parvaiz there were present .32 bore pistol P.6, three live bullets P.7/1‑2 and two empties P.8/1‑2 he collected, sealed them into a parcel and secured the same through a memo. the certified copy of which was Exh.P.K The original was available on the original file of case F.I.R. No.161/90. The P.W was declared hostile by the Public Prosecutor at the instance of the private counsel of the complainant and was allowed to be cross‑examined by the learned counsel for the complainant as he was allowed to cross‑examine the P.W. under the supervision of D.D.A. on 12‑8‑1993 by the Court. When cross‑examined by the learned counsel for the defence he was shown the photo copy of F. I. R. No.161/90 which he proved as Exh. D.C. He admitted that the case was registered at 2‑55 p.m. He admitted the receipt of report of the Fire‑arm Expert with regard to the pistol and crime empties P.6 and P.8/1‑2. The said report was brought on the file as Exh. D.E.
8. Zahoor Ahmad, Constable P.W.10 was entrusted with the warrants of arrest of the appellant. He could not be arrested. The warrants were returned by him on 13‑9‑1990. He appeared before the Magistrate and made his statement. He was handed over the written proclamation in triplicate. One part was affixed by him at the house of the accused appellant and the other outside Court house and third was brought on the file as Exh.P.L. A report on Exh.P.L. was Exh.P.L./1. Zahoor Ahmad, Constable P.W.10 was handed over a sealed parcel on 20‑6‑1990 by I.O. which he handed over to Muhammad Asghar Ali, M.H.C. New Anarkali, Lahore. On 21‑6‑1990 he took the said parcel from the Moharrir and deposited the same intact and brought the report of the Chemical Examiner and the parcel on 23‑6‑1990 and handed over the same to the M.H.C. Muhammad Safdar, H.C.P.W.11 stated that on 14‑5‑1990 he was posted at Police Post Mayo Hospital, Lahore as constable. He was handed over three sealed parcels by M.H.C. which could not be delivered that day at the Office of the Technical Services, Lahore. The parcels were re‑deposited and were obtained on the next day and were deposited by him as desired.
9. Dr. Farooq Mustafa Alvi P.W.12 conducted the post‑mortem examination of Shahid Parvaiz, deceased on 24‑4‑1990 and found the following injuries on his person:‑‑
"(1‑A) Fire‑arm wound of entry with collar of abrasion 1 x 1 c.m. on left side of head at the back 1 c.m. to the left of midline 12 c.m. behind left ear. Stippling was present around entry wound in an area of 3 x 3 c.m.
(1‑B) Fire‑arm wound of exit 3 x 1 c.m. on back of head on right side 1.5 c. m. to the right of midline and 11 c. m. from right ear.
(1‑C) Fire‑arm wound of entry with collar of abrasion more on upper side on back of right chest 2.2 c.m. to the right of midline and 17.5 c.m. from right shoulder top.
Exh. P.M. was the correct carbon copy of his Post‑mortem Report and Exh.P.M./A‑1‑2 were the diagrams of injuries. The death in his opinion was due to haemorrhage and shock as a result of fire‑arm injuries to his lungs and major vessels which were sufficient to cause death in the ordinary course of nature. Saeed Ahmad, S.I. (retired) P.W.13 produced the files in case F.I.R. Nos.95/90 and 185/90 in the Court of Faiz Rubbani, Additional Sessions Judge. Lahore in the bail application of accused Aslam and Mehmood which was dismissed on 22‑7‑1990 and after the dismissal of the application he arrested both the accused. Khalid Pervaiz, Constable P.W.14 was posted in Police Station Gowalmandi, Lahore on 23‑4‑1990. He was entrusted with the dead body of Shahid Pervaiz by Malik Yousaf, S.I. for escorting the same to mortuary for Post‑mortem Examination. After the Post‑mortem Examination on 24‑4‑1990, M.O. made over to him the last worn clothes of the deceased, shirt P.9 vest P.10 and Shalwar P.I1 and a sealed phial, which he handed over to the 1.0. who secured the same vide memo. Exh.P.O. Haji Zubair Mehmood. S.P.P.W.15 had conducted the investigation of the case under directions of the D.I.‑G. He partly investigated the same from 28‑5‑1990 to 15‑8‑1990. 1le declared Mehmood Ahmad, accused as innocent in the case and recommended that Muhammad Aslam and Ashraf accused be challaned. Alamaar Hussain, Inspector P.W.16 stated that he was posted as S.H.O., New Anarkali, Lahore on 9‑5‑1990. He appeared in the High Court on the said date. He was given application Exh.P.C. by the complainant on which he recorded his note Exh.P.C.1 and sent the same to Police Station through Maqsood Ahmad for registration of the case He inspected the place of occurrence and prepared a site plan Exh.p,p. He recorded the statements of Siddique and Naseer P.Ws. under section 161. Cr.P.C. and the investigation thereafter was transferred. He admitted that none appeared from the side of the complainant party before him in connection with the registration of the case from 23‑4‑1990 to 9‑5‑1990, nor any application prior to the making of Exh.P.C. was made to him. He admitted that he had not recorded the statement of owner of Rashid Watch Company nor any employee thereof about the occurrence. Dr. Syed Tahir Jamshaid, M.O. P.W.17 stated that he was posted C.M.O., Mayo Hospital, Lahore and had issued Death Certificate Exh. P.N. of Shahid Parvaiz. Asghar Ali, M.H.C. p.W.18 was delivered a sealed parcel containing blood‑stained Gatta on 20‑6‑1990 which he kept intact in the Malkhana and despatched the parcel through the same constable on 21‑6‑1990 to the Office of Chemical Examiner. Malik Abbas Khan, D.S.P (Rtd.) P.W.19 stated that he conducted the investigation of case F.I.R. No.185 of 1990, under section 302, P.P.C. of Police Station Gowalmandi, F.I.R. No.95 of 1990 under section 307, P.P.C. P.S. New Anarkali and F.I.R. 161 of 1990 under section 307, P.P.C. P.S. Gowalmandi. He had obtained warrants of arrest of Muhammad Ashraf vide application EXh.P.P dated 7‑8‑1990 and then moved an application Exh.P.Q. on 13‑8‑1990 for obtaining proclamation. He inspected the place of occurrence on 19‑6‑1990 and on the pointation of Rasheed Ahmad Proprietor of Rasheed Watch Company took into possession an empty cartridge carton blood‑stained Gatta P.2 vide memo Exh.P.E., sealed the same into a parcel. On 31‑7‑1990 Muhammad Aslam accused led to the recovery of pistol P.1 which was taken into possession vide memo. Exh.P.A. He prepared site plan Exh.P.A./1 the place of recovery, sent the carton P.2 to the Office of the Chemical Examiner. He recorded the statements of witnesses and then prepared progress report regarding all the three cases. He admitted that the statements of the eye witnesses were recorded after about two months of the occurrence and that the local police had already inspected the spot but had not taken into possession any Gatta or any plate from the premises of Rasheed Watch Company, New Anarkali, Lahore He admitted that pistol P.1 was not made into a sealed parcel nor he had joined any person from the locality while effecting the recovery. He also admitted that Muhammad Akbar, a real brother of Muhammad Ashraf and Muhammad Akram accused was murdered within the area of Police Station Naulakha. The same day Ashraf accused brought his dead body to the Mayo Hospital. He also admitted that Shahid Pervaiz was murdered in the Emergency Ward of Mayo Hospital the same day and Hamayun Khan, a brother of the deceased was known to him who was P.O. in many cases. He also admitted that F.I.RNo. 161 of 1990 was registered at P.S. Gowalmandi under section 307/34, P.P.C. on the statement of Ashraf accused against Zahid Khan, Hamayun Khan P.O. his brothers and Shahid Parvaiz, deceased.
10. Malik Imdad Hussain P.W.20 while posted at C.I.A. received secret information, raided the house of Muhammad Ashraf at Railway Station. Lahore and arrested him and recovered a Klashnikov, a Magazine and 10 live cartridges and also a .12 bore D. B. B. L.
11. Ihsan‑ul-Haq, Sala‑ud‑Din, Javed Anwar, Mushtaq Ahmad and Khan Ahmad were given up by D.D.A. on 17‑7‑1993 on the ground of their having been won over by the accused. On 19‑3‑1994 Muhammad Ismael son of Allah Ditta P.W. was given up as having been won over by
the accused. Muzaffar Khan, S.I. P.W. was given up 29‑6‑1993 by the D.D.A. All the P.Ws. were given up on the basis of application submitted by complainant's counsel. The case for the prosecution was closed on 11‑7‑1994 by D.D.A. after tendering in evidence report of the Chemical Examiner Exh.P.A. and that of the Serologist Exh.P.S. Yet another statement of D.D.A. was recorded on 23‑10‑1994 closing the case of the prosecution.
12. All the three accused were examined under section 342, Cr.P.C. The acquitted accused claimed that they were not present at the spot and were innocent. Muhammad Ashraf appellant claimed his innocence but made the following statement in answer to question NO. 11:‑‑
"I have been falsely involved in this case due to long‑standing enmity and blood fued with the complainant party who have murdered all my brothers and close relatives and only I and my brother Muhammad Aslam are left behind who are in jail and nobody is available to look after our womenfolk and children. The complainant party is very influential and rich. They are required in many serious crimes but they are enjoying the liberty and no police officer is effecting their arrest in the murder cases and cases of narcotics. Humayun Khan is presently staying in Tribal Area and has become a narcotic trafficker and now the Army Intelligence have arrested the suppliers and workers of Humayun Khan in Narcotic cases and 80 Kg. heroin has been recovered from their gang including 20 Kg. from Zahid Khan brother of Humayun Khan and a Klashnikov has also been recovered from them. Zahid Khan has also absconded even from this learned Court and today proclamation has been issued against him under section 87, Cr.P.C. We have been falsely involved in order to stop us from pursuing the cases against them. The P. Ws. are the party‑men/workers and servants of Humayun Khan who are selling his narcotics and pursuing cases against in the Courts and are false witnesses."
The statement was recorded on 19‑7‑1994 when he had offered to produce defence. He was re‑examined under section 342, Cr.P.C. on 23‑10‑1994.
13. In defence the accused produced Iftikhar Hussain D.W.1 who stated that Mehmood Ali accused was injured by a brust of fire some 7/8 years earlier. He was initially admitted in the hospital and thereafter remained in bed for 4 or 5 years. He was incapacitated as a result of injury and could not move freely. Muhammad Arshad, H.C. D.W.2 brought the original register of F.I.Rs. of Police Station Gowalmandi, Lahore and produced the copy of F.I.R. No.161/90 registered on 23‑4‑1990. Muhammad Alam, H.C. D.W.3 brought the original register of F.I.Rs. of 1985 and placed on record attested copy of F.I.R. No.304/85 dated 1‑9‑1985 under sections 307/148/149, P.P.C. got registered on the statement of Muhammad Asghar son .of Muhammad Hussain at .P.S. Naulakha, Lahore Exh.D.l was the attested copy of said F.I.R. and schedule was produced as Exh.D.l/1. He also produced a copy of F.I.R. No.199/86 Exh.D.J. and its schedule as Exh.D.J./1, registered on the basis of statement of Zahid Hussain on 27‑5‑1986. He also produced copies of F.I.Rs. Nos.206/86, 237/86, 143/90 and 230/93 of Police Station Naulakha, Lahore and produced attested copies thereof as DK and DK/1, DL and DL/1, DM and DM/1 and DN and DN/1 respectively. Muhammad Nawaz, H.C.D.W.4 had brought the register of F.I.Rs of Police Station New Anarkali, Lahore. He produced certified copy of F.I.R. No.234/88 and its schedule Exh.D.O. and D.O./1 respectively and copy of F.I.R. No.86/96 Exh.D.R. and its schedule Exh.D.Rd/1. He also produced attested copy of F.I.R. No.180/91 Exh.D.S. and its schedule Exh.D.S./1, copy of F.I.R. No. 203/91, Exh.D.T. and its schedule Exh.D.T./1, copy of F. I. R. No. 1/92 Exh. D. U. and its schedule Exh. D.U./1, copy of F.I.R No.62/92 Exh.D.V. and its schedule Exh. D.V./1 and copy of F.I.R. No.108/92 Exh. D.W. and its schedule Exh.D.W./1 and also a copy F.I.R. No.31/91 Exh.D.X. and schedule Exh. D.X./1 Liaqat Ali Moharrir, Narcotic Control Board, D.W. 5 brought the original Register of F.I.Rs. of P.S. of the Board and produced attested copy of F.I.R. No.40/94 Exh.D.Y. and its schedule Exh.D.Y./1 and copy of F.I.R. No.41/94 Exh.D.Z. and its schedule Exh.D.Z./1. Nisar Ahmad D.W.6 stated that Shahid Parvaiz was murdered in April, 1990. He was murdered in Mayo Hospital, Lahore and on the day of his murder he was working in Anarkali Bazar. No occurrence of attempted murder took place in the Bazar on the said day.
14. Dr. Abid Karim, D.W.7 had medically examined Mehmood Ali accused, since acquitted and had found five injuries on his person on 27‑5‑1996 and produced correct photostat copy of his report Exh.D.A.A. Salauddin D.W.8 stated that on 23‑4‑1990 he was on duty as Parchi Clerk, Emergency Ward,, Mayo Hospital, Lahore while at 2‑40 p.m. Muhammad Ashraf (accused) brought dead body of Muhammad Akbar his brother in a wagon in an Emergency Ward. There was a great rush. Some persons came there. I heard report of firing. People ran away. One man had fallen on the ground lying dead and a pistol was lying near him at a distance of about 6 inches from his body. Two empties were also lying there. Ashraf accused was holding a rifle. S.H.O. on duty arrested him. Muhammad Jehangir, H.C. D.W.9 had brought the original register of F.I.R. No.31/91 Police Station Yakki Gate, Lahore and placed on record attested copy of the F.I.R. Exh. DBB and copy of schedule thereof Exh. DBB/1. Shah Nawaz D.W.10 stated that about four years ago he was working as a driver at Route No.34 from Railway Station, Lahore to Chungi Amer Sadhu. It was about 2 p.m. and his wagon stopped near the Railway Station when Muhammad Ashraf accused present in Court alongwith a woman brought an injured person who had received bullet injury and put him in his wagon in injured condition in order to take him to the Mayo Hospital. It took about 32 to 40 minutes to reach the Emergency Ward. When the injured man was being brought out of the wagon three persons came there from the front side. One of them was armed with a pistol and the other two were armed with Klashnikov. They started firing with their weapons. Muhammad Ashraf accused brought out a gun and fired, as a result of which one of the assailants received injury on his front chest. He also received an injury on the back of his head from his own companions who were firing and running at that time. The police reached within two to 4 minutes. The police had taken a pistol from the hand of the said deceased person and also took up empties from near him. Javed Anwar D.W. 11 stated that his brother‑in‑law Asghar was injured in a fight between him and Hamayun Khan. On 27‑5‑1986 Asghar was injured and a case under section 302, P.P.C. was registered at Police Station Naulakha against Hamayun Khan. At about 7 p.m. Hamayun Khan and three others committed the murder of Asgher Ali and Babu Din, Bashir Pehlwan and Mehmood Ali accused were also injured. The accused in the case absconded. Muhammad Akbar, the elder brother of Asghar deceased was pursuing the said case, whereas absconder Hamayun Khan etc. were dissuading but Akbar did not agree and on 23‑4‑1990 at about 2‑00 p.m. Shahid…
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