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Official Citation: 2025 LHC 1811
Court / Jurisdiction: Lahore High Court
Year of Decision: 2024
Decision Date: 2024-12-31
Petitioner: The State, Shamshad Sanni alias Lallou and three others, Asif Masih, JUDGMENT
Ruling Summary: This decision was rendered by the Lahore High Court on 2024-12-31, officially reported as 2025 LHC 1811. In this matter between The State, Shamshad Sanni alias Lallou and three others, Asif Masih, JUDGMENT and the Respondent, 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 2025LHC1811
Court Name: Lahore High Court Judge(s): Sadiq Mahmud Khurram, Ch. Sultan Mahmood Title:The State, Shamshad Sanni alias Lallou and three others, Asif Masih,
JUDGMENT
Reported As: 2025 LHC 1811 Result: Murder Reference Answered in Negative Judgment
JUDGMENT SADIQ MAHMUD KHURRAM, J.- Shamshad Sanni alias Lallou son of Aslam Riaz ,Sajjad alias Chajju son of Aslam Riaz, Javaid alias Phajja son of Aslam Riaz, Sajawal Masih son of Javaid Masih,Asif Masih son of Emanuel Masih and Dawood Masih son of Sarwar Masih (convicts) were tried along with Rawal Masih (since acquitted ), the co-accused of the convicts, by the learned Sessions Judge, Bahawalpur in the case F.I.R No. 323 of 2021, dated 26.06.2021, registered at police station Cantt., District Bahawalpur in respect of offences under sections 302,337-A(i), 337-F(i), 337-F(ii), 337-F(v), 337-H (2), 148 and 149 P.P.C.. for committing the Qatl-i-Amd of Atif Masih son of Fateh Masih (deceased). The learned trial court vide judgment dated 28.11.2022 convicted Shamshad Sanni alias Lallou son of Aslam Riaz ,Sajjad alias Chajju son of Aslam Riaz, Javaid alias Phajja son of Aslam Riaz, Sajawal Masih son of Javaid Masih, Asif Masih son of Emanuel Masih and Dawood Masih son of Sarwar Masih (convicts) and sentenced them as infra: Shamshad Sanni alias Lallou son of Aslam Riaz :- i) Death under section 302(b) P.P.C. as Tazir for committing Qatl-i-Amd of Atif Masih son of Fateh Masih (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.
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ii) Simple Imprisonment of one year under section 337 F-(i) P.P.C.( wrongly mentioned as 337-E(a) in the judgment by the learned trial court ) and directed to pay Daman of Rs.10,000/- to the injured namely Ramaish Nazeer (PW-5). iii) Simple Imprisonment of three years under section 337 -F(ii) P.P.C..(wrongly mentioned as 337- E(b) in the judgment by the learned trial court ) and directed to pay Daman of Rs.10,000/- to the injured namely Ramaish Nazeer (PW-5). iv) Simple Imprisonment of one year under section 148 P.P.C. The convict was ordered to be hanged by his neck till death. Sajjad alias Chajju son of Aslam Riaz:- i) Death under section 302(b) P.P.C. as Tazir for committing Qatl-i-Amd of Atif Masih son of Fateh Masih (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. ii) Simple Imprisonment of one year under section 148 P.P.C. The convict was ordered to be hanged by his neck till death. Javaid alias Phajja son of Aslam Riaz :- i) Imprisonment for life under section 302(b) P.P.C. as Tazir for committing Qatl-i-Amd of Atif Masih son of Fateh Masih (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. ii) Simple Imprisonment of one year under section 148 P.P.C. Sajawal Masih son of Javaid Masih:- i) Imprisonment for life under section 302(b) P.P.C. as Tazir for committing Qatl-i-Amd of Atif Masih son of Fateh Masih (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. ii) Simple Imprisonment of one year under section 148 P.P.C. Asif Masih son of Emanuel Masih :- i) Simple Imprisonment of one year under section 148 P.P.C. ii) Simple Imprisonment of two years under section 337 A-(i) P.P.C. and directed to pay Daman of Rs.10,000/- to the injured namely Nazir Thomas (PW-4). iii) Simple Imprisonment of two years under section 337 -F(v) P.P.C. and directed to pay Daman of Rs.10,000/- to the injured namely Nazir Thomas (PW-4). Dawood Masih son of Sarwar Masih :- i) Simple Imprisonment of one year under section 148 P.P.C. ii) Simple Imprisonment of two years under section 337 A-(i) P.P.C. and directed to pay Daman of Rs.10,000/- to the injured namely Nazir Thomas (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. Rawal Masih, the co-accused of the convicts was acquitted of all the charges by the learned trial court. 2. Feeling aggrieved, Shamshad Sanni alias Lallou son of Aslam Riaz, Sajjad alias Chajju son of Aslam Riaz, Javaid alias Phajja son of Aslam Riaz, and Sajawal Masih son of Javaid Masih (convicts) lodged the Criminal Appeal No.679 of 2022, assailing their convictions and sentences. Feeling aggrieved, Asif Masih son of Emanuel Masih (convict) lodged the Criminal Appeal No.687 of 2022, assailing his conviction and sentence. Feeling aggrieved, Dawood Masih son of Sarwar Masih (convict) lodged the Criminal Appeal No.691 of 2022, assailing his conviction and sentence.The
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learned trial court submitted Murder Reference No. 41 of 2022 under section 374 Cr.P.C. for confirmation or otherwise of the sentences of death awarded to Shamshad Sanni alias Lallou son of Aslam Riaz and Sajjad alias Chajju son of Aslam Riaz (convicts). We intend to dispose of the Criminal Appeal No.679 of 2022, the Criminal Appeal No.687 of 2022,Criminal Appeal No.691 of 2022 and the Murder Reference No. 41 of 2022 through this single judgment. 3. Precisely, the necessary facts of the prosecution case, as stated by Nazir Thomas (PW-4), the complainant of the case, are as under:- "I am Chowkidar posted in Agriculture Engineering Department, Bahawalpur. About two months prior to 26.6.2021, Shamshad alias Lallu slapped my nephew namely Areal S/O Atif Masih over a dispute of catching kite which caused a quarrel between us and cross cases were registered and police also proceeded against both the parties. On 26.6.2021 we came to the court in connection with the preventive proceedings carried out by the police in the court. When after the date, we were returning back to home in the manner that my brother Atif and Zahid were boarded on one motorcycle whereas on the second motorcycle I and my son Ramaish Masih were riding. Atif and Zahid were ahead of us at about 01:20 P.M. When we reached in front of Vocational Institute, Bahawalpur where Javed alias Phajja armed with Danda, Sajjad alias Chhajju armed with Danda, Shamshad alias Lallu armed with dagger, they are sons of Aslam Riaz Masih. Rawal Masih armed with pistol, Sajawal armed with Danda, sons of Javed alias Phajja. Dawood S/O Sarwar armed with Danda, Asif S/O Emanuel armed with Danda alongwith 3/4 unknown were present in front of gate of Vocational Institute with their common object. When Atif my brother and Zahid reached near to them, they were intercepted and all the said accused started inflicting Sota, Danda blows besides pelting of stones upon them. In the meanwhile, I and my son Ramaish reached there. In our view, Sajawal inflicted a Danda blow hitting on the forehead of Atif, Sajjad alias Chhajju put his Sota on the ground and took a stone and inflicted upon the head of my brother hitting on the mid of head, Javed alias Phajja inflicted 3/4 blows consecutively with full force to Atif Masih hitting on his head. Then Sajawal inflicted a Danda hitting on the back side of head of my brother Atif Masih resulting into bleeding from the head of my brother. Shamshad alias Lallu inflicted a dagger blow on the back side of chest of my brother, repeated dagger blow hitting on the left forearm of Atif. He again repeated dagger blow hitting on the chest and abdominal part of Atif. My brother Atif fell on the ground Shamshad alias Lallu picked a brick lying near side and inflicted upon the head of my brother Atif. I and my son were given beating by the accused party when rushed to intervene, then Dawood inflicted a Danda blow on my head hitting on the mid of my head. Then Sajawal inflicted a Danda blow hitting on the back side of my head. Again said, Asif inflicted the Danda blow resulting into bleeding. Asif again repeated Danda blow hitting on the right side of my hand. Then Shamshad alias Lallu inflicted a dagger blow upon my son Ramaish Masih hitting near to his ear and the second blow hit on the left forearm of my son Ramaish Masih. Then Sajjad alias Chhajju inflicted a Sota blow hitting on the ear of Ramaish/Thereafter, Rawal inflicted pistol butt blows hitting on my son Ramaish on his shoulder and also made aerial firing. In the meanwhile, Sharoon also reached there. Dawood inflicted a Danda blow on the left hand of Sharoon, whereas Sajawal inflicted Danda blow on the left upper arm of Sharoon. So many people gathered there upon our hue and cry.During the scuffles, Shamshad alias Lallu also received some injuries.We forthwith attended Atif. The accused party decamped from the place of occurrence. We shifted Atif to Bahawal Victoria Hospital, Bahawalpur who succumbed to the injuries on way to the Hospital. The police also reached in the Hospital on receipt of information of the occurrence. I stated the occurrence before the police. My statement was reduced into writing into "Fard Bayan" Ex.P-H, same was read over to me and I signed and attested the same in token of its correctness. I then accompanied the police to the place of occurrence where the I.O. inspected the place of occurrence. Thereafter, we were
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given first aid in the Hospital and also treatment and Atif (deceased) was sent for post mortem examination." 4. After the formal investigation of the case, the report under section 173 of the Code of Criminal Procedure, 1898 was submitted before the learned trial court, wherein the accused were sent to face trial. The learned trial court framed the charge against the accused on 07.01.2022, to which the accused pleaded not guilty and claimed trial. 5. The prosecution in order to prove its case, got statements of as many as fifteen witnesses recorded. The ocular account of the case was furnished by Nazir Thomas (PW-4), Ramaish Nazeer (PW-5) and Sharoon Masih (PW-6). Ghulam Muhammad 1371/C (PW-7) stated that on 26.06.2021, he escorted the dead body of the deceased to the hospital and received the last worn clothes of the deceased from the Medical Officer after the post mortem examination of the dead body of the deceased. Muhammad Siraj Tabassum, ASI (PW-11) stated that on 26.06.2021, he got recorded the formal F.I.R. (Exh.PH/1). Saeed Akhtar draftsman (PW-13) prepared the scaled site plan of the place of occurrence (Exh.PY). Muhammad Afzal, SI (PW-14) investigated the instant case from 26.06.2021 till 10.09.2021, arrested the appellant namely Shamshad Sanni alias Lallou in this case on 30.06.2021, arrested the appellants namely Sajjad alias Chajju son of Aslam Riaz, Javaid alias Phajja son of Aslam Riaz, Sajawal Masih son of Javaid Masih,Asif Masih son of Emanuel Masih and Dawood Masih son of Sarwar Masih on 30.08.2021 and detailed the facts of the investigation as conducted by him in his statement before the learned trial court . 6. The prosecution also got Dr. Muhammad Shafique (PW-2) examined, who on 26.06.2021 was posted as Senior Medical Officer at Bahawal Victoria Hospital, Bahawalpur and on the same day medically examined Ramaish Nazeer (PW-5). Dr. Muhammad Shafique (PW-2), after examining Ramaish Nazeer (PW-5) observed as under:- "Injury No. 1. Multiple spindle shaped wound on left forearm. 1-A Transverse wound on ulnar border of left forearm 5 x 2 cm 2-B Transverse wound on ulnar border of left forearm about 6 cm x 2 cm 3-C Transverse wound about 3 cm x 2 cm. 4-D Transverse wound over the dorsum of left forearm about 7 cm x 2.5 cm long with tandem and visible. Advised X-ray of left forearm AP and Lateral view. Injury No.2 An incised wound 2 cm x 0.125 cm skin deep over the left mastoid behind the left ear. Advised X-ray of left cervical spine AP & Lateral view. " On 26.06.2021 Dr. Muhammad Shafique (PW-2) also medically examined Nazir Thomas (PW-4). Dr. Muhammad Shafique (PW-2), after examining Nazir Thomas (PW-4) observed as under:- "Injury No. 1 Lacerated wound 1.5 cm x 0.125 cm skin deep on parietal region of skull. Advised X-ray of skull AP&Lateral view. Injury No.2. Lacerated wound 1 x 0.125 cm skin deep on the occipital region of skull. Injury No.3. Complaint of pain and swelling of right hand. Advised X-ray of right hand AP&Lateral view." The prosecution also got Dr. Mazhar Mushtaq (PW-1) examined, who on 26.06.2021 was posted as APMO at Bahawal Victoria Hospital, Bahawalpur and on the same day conducted the post mortem examination of the dead body of Atif Masih son of Fateh Masih (deceased) and after the post mortem examination observed as under:- "Injury No.1
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A lacerated wound 2.5 cm x 01 cm x bone exposed present on the forehead above the right eyebrow. Injury No2. A lacerated wound 5.5 cm x 1.5 cm x bone exposed present on the top of skull. Injury No.3. Two lacerated wounds 5 cm x 2 cm, 3 cm x 1 cm bone exposed on the right side of the skull, 02 cm above and lateral to injury No.2. Injury No.4. A lacerated wound 3.5 cm x 01 cm x bone exposed present on the occipital region. Injury No.5. An incised wound 4.5 cm x 01 cm x blind deep present on the abdomen, omentum was coming out from the wound. It was 08 cm above the umbilicus slightly on the left side. The corresponding part of the Qameez and Banyan was also torn. ON DISSECTION: Abdominal cavity was full of blood and fecal matter due to rupture of the gut and blood vessels. Injury No.6. An incised wound 04 cm x 01 cm x muscle exposed present on the lateral aspect of the left wrist. Vessels were not ruptured. Injury No.7. An incised wound 5.2 cm x 01 cm x blind deep present on the back of right chest. Blood was coming out from the wound. ON DISSECTION Right lung was ruptured and right chest cavity was full of blood, the corresponding part of the Qameez and Banyan were also torn. Injury No.8. An abrasion 7 cm x 2 cm present on the front of chest. ----------------- REMARKS BY MO:- After complete external and internal examination of the dead body, I was of the opinion that injury No.2 to 5 and 7 were the cause of death in this case. Injury No.2 to 4 caused the neurogenic shock and injury No.5 and 7 caused the hemorrhagic shock, that collectively lead to death of the person. All the injuries were ante-mortem in nature and caused by injuries No. 1, 2, 3, 4 & 8 with blunt weapon. Injury No.5, 6 and 7 by sharp edged weapon. Such type of injuries were sufficient to cause death of a person in an ordinary course of life." The prosecution also got Dr. Adnan Nazir (PW-3) examined who stated that on 26.06.2021, he had also treated Ramaish Nazeer (PW-5) and prepared the surgical notes (Exh.PD/1). The prosecution also got Dr. Farooq Ahmad (PW9) examined who stated that on 01.07.2021, he was serving as Senior Registrar Radiologist at the Bahawal Victoria Hospital, Bahawalpur and on the same day had examined Nazir Thomas (PW-4) and issued the reports (Exh.PX and Exh.PX/1). 7. On 03.06.2022, the learned Deputy District Public Prosecutor gave up the prosecution witnesses namely Zahid Masih, Samuel Masih and Faisal Mahmood as being unnecessary. On 26.08.2022, the learned Deputy District Public Prosecutor submitted the copy of the proceedings held by the learned Magistrate (Exh.PEE and Exh.PFF/1-5). On 18.08.2022, the learned Deputy District Public Prosecutor gave up the prosecution witnesses namely Khalid Razzaq, SI, Muhammad Naveed 948/C and Younis as being unnecessary and closed the prosecution evidence after tendering the report of Punjab Forensic Science Agency, Lahore (Exh.PCC). 8. The learned trial court examined Dr. Rasheed Mahmood Khan (CW-1) who stated that on 26.06.2021, he was posted as Consultant Surgeon at the Bahawal Victoria Hospital, Bahawalpur and
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had treated the appellant namely Shamshad Sanni alias Lallou son of Aslam Riaz and prepared the surgical notes (Exh.CW-1/A). 9. After the closure of prosecution evidence, the learned trial court examined the appellants namely Shamshad Sanni alias Lallou son of Aslam Riaz ,Sajjad alias Chajju son of Aslam Riaz, Javaid alias Phajja son of Aslam Riaz, Sajawal Masih son of Javaid Masih and Saeed Ahmad son of Banaras Khan 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 rather during the occurrence, the appellant namely Shamshad Sanni alias Lallou son of Aslam Riaz was seriously injured after having been surrounded by the complainant party whereas the deceased died as a result of receiving injuries at the hands of his own companions. 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 Sessions Judge, Bahawalpur convicted and sentenced the appellants as referred to above. 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. They further contended that the statements of Nazir Thomas (PW-4), Ramaish Nazeer (PW-5) and Sharoon Masih (PW-6) were not worthy of reliance. The learned counsel for the appellants further argued that on the day of occurrence, the appellant namely Shamshad Sanni alias Lallou son of Aslam Riaz was seriously injured after having been surrounded by the complainant party whereas the deceased died as a result of receiving injuries at the hands of his own companions. 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 Nazir Thomas (PW-4), Ramaish Nazeer (PW-5) and Sharoon Masih (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 appeals. 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 Nazir Thomas (PW-4) and Ramaish Nazeer (PW-5) and the death of Atif Masih (deceased) whereas according to the appellants, on the day of occurrence the appellant namely Shamshad Sanni alias Lallou son of Aslam Riaz was seriously injured after having been surrounded by the complainant party whereas the deceased died as a result of receiving injuries at the hands of his own companions. It is a case
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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 in their statements recorded under sections 342, Cr.P.C. ) are that the place of occurrence is not disputed and the incident happening on the return of both the parties from the courts on the day of occurrence is also admitted. First of all, we would like to see whether the prosecution has succeeded in proving 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 Nazir Thomas (PW-4), Ramaish Nazeer (PW-5) and Sharoon Masih (PW-6) and the medical evidence. The presence of Nazir Thomas (PW-4) and Ramaish Nazeer (PW-5) 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 Nazir Thomas (PW-4) and Ramaish Nazeer (PW-5) were examined by Dr. Muhammad Shafique (PW-2) who verified that both Nazir Thomas (PW-4) and Ramaish Nazeer (PW-5) had suffered injuries which were not fabricated in ny manner. The presence of the prosecution witnesses namely Nazir Thomas (PW4) and Ramaish Nazeer (PW-5) at the place of occurrence, at the time of occurrence, was not even disputed by the appellants. While appearing before the learned trial court, the prosecution witnesses namely Nazir Thomas (PW-4), Ramaish Nazeer (PW-5) and Sharoon Masih (PW-6) remained consistent on material particulars of the incident and we see no reason not to believe the 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 Nazir Thomas (PW-4) , Ramaish Nazeer (PW-5) and Sharoon Masih (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, the date, time and place of occurrence are admitted but only the manner of the incident stated by the appellants' side is different from the prosecution case. We have noted that the appellants in their statements recorded under section 342, Cr.P.C. have stated that the complainant side received all the injuries at the hands of their own companions but also stated that the appellant namely Shamshad Sanni alias Lallou son of Aslam Riaz was also injured during the occurrence. The prosecution witnesses namely Nazir Thomas (PW- 4) ,Ramaish Nazeer (PW-5) and Sharoon Masih (PW-6) stated about the injuries suffered by the appellant namely Shamshad Sanni alias Lallou son of Aslam Riaz that they were minor in nature and suffered by him during a scuffle, however, could not explain the presence of two incised wounds, one of the dimensions of 8cm x 1 cm, muscle deep , present below the mandible and another incised wound, of the dimensions of 3cm x1 cm, muscle deep, present on the right side of the neck of the appellant namely Shamshad Sanni alias Lallou son of Aslam Riaz so, it can be gathered from the above that both the parties have not come to the Court with clean hands and have not stated the whole truth. In such a situation, the Court cannot be deterred by the incompleteness of the tale from drawing the inference that properly flows from the evidence and circumstances of the case. In this regard, reliance is placed on "Syed Ali Beopari v. Nibaran Mollah and others" (PLD 1962 Supreme Court 502).The occurrence with material facts having been admitted, the sole question left for determination was as to whether the version given by the prosecution or one put by the defence was the correct picture of the occurrence. The prosecution having taken benefit of the large number of injuries on the person of injured prosecution witnesses and the deceased, pleading the annoyance of the accused over pending litigation, made efforts to prove the aggression of the defence, whereas the defence, taking advantage of the injuries sustained by the
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appellant namely Shamshad Sanni alias Lallou son of Aslam Riaz, pleaded causing of injuries to the appellant namely Shamshad Sanni alias…
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