Atta Muhammad and another Vs Muhammad Zaman and others

Balochistan High Court · 2022 · Before Hon'ble Justice Gul Hassan Tareen

Appellants, through this criminal acquittal appeal preferred under section 417 (2-A), the Criminal Procedure Code, 1898 (“Cr.P .C”),seek setting aside of the judgment dated 24th October, 2018, (“impugned judgment”), passed by learned Additional Sessions Judge, Naseerabad at Dera Murad Jamali (“trial Court”), whereby accused/ respondent Nos. 1 and 2 were acquitted of the charge under sections 302, 147, 148 and 149, the Pakistan Penal Code, 1860 (“P .P .C”).

2. Brief facts, arise from the complaint (Ex: P/2-A) are that on 29th July, 2012, the appellant No. 1/ complainant made an application to the Officer In-charge Police Station Chattar with the accusation that we have lands at Goth Murad Wah, being looked after by my brothers Fateh Muhammad alias Bagga and Baqa Muhammad. My elder brother Fateh Muhammad told Baqa Muhammad and me that Mansoor Ahmed alongwith his other relatives are making embankments (بندیلٹھ )on our land lying near Murad Wah, while the land is still un-partitioned. I alongwith my above stated brothers, relatives Sheikh Muhammad and Abdul Rehman went CriminalAcquittalAppealNo. (s) 195 of 2018 2 Only for viewing purpose. Contact office for certified copy. towards our land and reached there at about 1:45 p.m. Muhammad Zaman, Sahib Dad, Mansoor, Shad Muhammad, Naik Muhammad armed with firearms while Qaim-ud-Din alias Rana armed by hatchet were present on the disputed land. Abdul Malik through a Russian made tractor, was making embankments. We requested them, to first talk with us and partition it, however, they did not listen. As soon, Fateh Muhammad took a step forward, Zaman murdered Fateh Muhammad by firing of firearm. Meanwhile Abdul Malik got down from the tractor and caught Baqa Muhammad and started torturing him with kicks and blows. Mansoor, Naik Muhammad and Shad Muhammad opened firing with firearms, as a result, Baqa Muhammad and Abdul Malik got injured and fell on the ground. Qaim-ud-Din inflicted hatchet blows on the head of Baqa Muhammad and he expired at the spot. Abdul Malik also succumbed to injuries. Accused bolted away towards south on the two motorcycles.

3. The complaint was transcribed in FIR No. 28/2012 dated 29th July, 2012. Investigation of the case was entrusted to Ali Hassan Mugheri S.I. (PW-6) who inspected the site, prepared site plan on the pointing out of appellant No. 1, secured 25 crimes empties and blood stained hatchet, blood stained earth of the deceased(s), dispatched the dead bodies of deceased(s) to Civil Hospital Dera Murad Jamali, took into possession the last worn clothes of the deceased(s), collected death certificates of deceased(s), recorded statements of witnesses under section 161, Cr.P .C. On arrest of the respondent Nos. 1 and 2, crime weapon, Kalashnikov was recovered at the instance of respondent No. 1 by making disclosure before the second Investigating Officer Khamisa Khan who secured the crime weapon, magazine through recovery memo. On completion of CriminalAcquittalAppealNo. (s) 195 of 2018 3 Only for viewing purpose. Contact office for certified copy. investigation, challan was submitted before the trial Court. After arrest of the respondent Nos. 1 and 2, challan to their extent was submitted before the trial Court.

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