_HOREHICHCOON UM BYCH UA Marder Reference No. 148 of 2017 Criminal Appeal No. 1057 of 2017 INDEX __TO PAPER _PRINTED_IN THE CASE OF THE STATE, PROSECUTOR VERSUS Khalil Ahmad : convict CHARGE UNDER SECTION... 302(8)PPC, SENTENCE ....... sesterneseteeneeenD@ath DISTRICT... sss vs BG Khan, Sr. | Description of Papers ‘| Page | PWs/DWs | No. aaa JExh. He Reference/Trial Proceedings | i Charge Sheet daied 04.08.2016 on ~_| Statement of Dr. Najeeb Ur Rehman SMO [Pw "| 48 Report of Punjab Forensic Science Agency EXPL 53 Report of Punjab Forensic Science Agency ExPM [5a Statement of Muhammad Younas PW 35 | Statement of Muhammad Atzal PW-3 se ‘Statement of Ghulam Qamber PWe4 Statement of Muhammad Ramzan” PWS Pw-6 66 | Statement of Shahid Hussain Statement of Amjad Ali PWT 72 12 | Statement of Allah Dita | PWS 73 | Statement of Irshad Hussain Pwo 7 ; 14 | Staiement of Abdul Gadoos | 15. | Statement of Wajid All Pwit [77 | 16 | Stalement of Mureed Hussain PW2 [85 17 | Statement of Syed Muhammad Asif Javed ADPP 8 [18 | Statement of Usama Zeshan Rescue Safety officer [OW-7 [90] 19 | Statement of Faqeer Muhammad ~ | DW 85 | 20_ | Statement of Khalil Ahmad accused 8B 21 | Statement of accused Khalil Ahmad 342 CPC | 89 22 | Judgment dated 26.09.2017 — 102-a | 23 | Criminal Appeal No. 1057 of 2017 | 103 24” | FIR No. 127 of 2016 [exPH [708]“ ia State. Vs, Khalil Ahmad 26-9-2017 Present: Syed Asif Javed, learned ADPP for the State, Accused Khalil Ahmad in custody with Mr. Mazha Ahmad Advocate. Complainant with Syed Raza Hussain Advocate. Zahoor Vide separate judgment of even date recorded in English, Khalil Ahmad, accused is convicted ws 302 (b) P-P.C as tazir and sentenced to death. He be hanged by the neck, till he is dead. Death sentence awarded. to convict would be subject to confirmation by Hon'ble Lahore High Court in reference being sent u/s 374 Cr.0.C. He is also directed to Pay compensation Rs.200,000/- (two lacs) u/s $44-A Cr..P.C. to legal heirs ofMdeceased. This compensation shall be recoverable as an arrears of land revenue and if not recoverable then the convict shall undergo, $I for six months. Copy of judgment is delivered to convict free of cost. He has been informed that he can file an appeal within seven days, He is in custody. Be sent to jail to serve out sentence awarded to him, The case Property would remain intact till the decision of appeal or revision, if any. Sf fates (Ghulam Hussain Bi Addl, Sessions Judge Taunsa Sharif File be, consigned to record room. eee7 IN THE COURT OF MUNSIF KHAN AWAN, ADDL. SESSIONS JUDGE TAUNSA SHARIF, Sessions Case No. Q of 2016 Sessions TrialNo. 3) of 2016 FIR No. 127/2016. Offence U/S 302 PPC P.S Saddar, Taunsa Sharif, State. Vs. Buk Khalil Ahmad s/o Muhammad, caste Malghani, 1/0 Sokar, Tehsil Taunsa Sharif District Dera Ghazi Khan, CHARGE S) 1, MUNSIF KHAN AWAN, Addl. Sessions Judge, Taunsa Sharif do hereby charge you aforementioned accused as under:- ‘That on 30-5-2016 at about 6.30 am. in the area of Mauza Sokar, within the territorial jurisdiction of P.S, Saddar, you accused Khalil Ahmad while armed with pistol 30-Boe committed Qatle-e-Amd of Abrar deceased by firing. Thereby you have committed an offence punishable under section 302 PPC which is within the cognizance of this court. S And I hereby direct that you be tried by this court under the above said charge. to accused. Let his statement be recorded. Dated: 04-8-2016 AddiState. Quod Ans: Q.No.2. Ans: QNo.3. Ans: R.O BAC 04-8-2016 1p Vs. Khalil Statement of accused Khalil Ahmad without oath, Have you heard ard understood the prosecution charge? Yes. Do you plead guilty to the charge? No. Have you any defence.to the charge? Yes. Iam innocent. Adg}. Sessions Judge, sa Shar.76 . The State. Vs. Khaleel. : FIR No.127/2016, U/S: 302 PPC, Police Station: Saddar Taunsa Sharif PW.1. Dr. Najeeb Ur Rehman, SMO, THQ Hospital, Taunsa Sahrit On oath. Stated on 30.05.2016, I was posted as S.M.O. at THQ Hospital Tausna Sharif. On the said date, dead body of Muhammad Abrar S/O Muhammad Ramzan, aged about 28/29 years, caste Malghani R/O Basti Sokar was brought before me by Muhammad Afzal 373/C for post-mortem examination. Dead Body was identified by Muhammad Imran S/O Sarfaraz Khan and Abdul Qudoos $/O Ghulam Muhammad. The date and time of the death was on 30.05.2016 at about 6.45 AM. I received complete document from the police on the same date at. about 8.30 AM. I conducted autopsy on the same date at 9.00 AM and information furnished by the police was that the death was caused by fire arm. External Examinatior A dead body of a young male, look pale, looking pale, tying fat, having normal physique and muscular bulls, Eyes and mouth were closed. Mud was present over the dead body. Rigor mortise and postmortem staining both were partially present. Weatings. Blood stained shalwar and Qameez “Naswari” coloured, “Zarbund” of mixed coloured, the deceased was wearing, which were stained with blood. External Injuries. 1. (i) An oval lacerated wound of about 1 em x 3 cm into going deep with inverted margins, situated at 5" intercostals space 2cm medical to left nipple of left chest. It was almost parallel to nipple. It was wound of entry. An open tacerared wound of about 2 cm x Ys cm with averted margins, situated at the back of right chest, 3 cm away from lateral border of right scapula and 2 cm posterior to posterior auxiliary fold on right side of chest. It was wound of exit. Corresponding holes were present on Qameez, which “s encircled and signed by me and handed over to police, A lacerated wound of 2.5 cm x 1.5 cm in muscle deep situated at dorsal surface of left hand, Page No.2 Cranium and spinal Card. Scaip: Healthy.Skull: Healthy. : Membranes: Healthy. Brain: Healthy. Vertebrae: were healthy. Spinal Card: was healthy. HI-THORAX: 1-Wall. Perforated, sternum was healthy. 2-Pleurae: Perforated, 3+ Larynx & Trachea: were healthy. 4-Right Lung: perforated S-Lef Lung : perforated 6- Pericardium & heart: Perforated. 7- Blood vessels: Perforated 8: Third rib on right side was fractured 8+ Abdomen. Healthy. IV ABDOMEN, 1-Walls: were healthy. 2-Peritoneum: was healthy. 3-Moutn, Pharynx and Esophagus: Pharynx & Esophagus were healthy. 4-Diaphragm: were healthy. 5-Stomach and its contents: were healthy and contained semi digested food, 6.Pancreas: was healthy. 7.Smail intestine & its contents: was healthy and contained digested food. 8.Large intestine & its contents: fecal matter and gases were present. 9.Liver: was healthy. 10.Spleen: was healthy. 1L.Kidney: ight and left were healthy. 12.Urinary bladder: contained about 50 mil urine, Organs of Generation (external and internal) were healthy,6 6 UPPER AND LOWER LIMBS. Upper limb. Health, Lower limb. Healthy. PAGENO.4. Articles handed over to police. Dead body of the deceased and last worn clothes, post mortem report and police report were handed over to police, which were received by Mubammed Altel S7YE Opinion. Ia my opinion, injury No.1 (i) (ii) were ante mortem and caused by fire arm. Injury No.1 was caused by fire arms weapon. Injury No.2 was sufficient to cause death for suddenly by perforating heart Le. vital organ of body. PROBABLE TIME THAT £),APSED: (2) Between injury and death: Suddenly. (b) Between death and post-mortem: within 2 to.3 hours Post mortem report Ex.PA contains four pages, which is written 1 and signed by me and bears my signature. i Diagram Ex.PA/1 is prepared and signed by me and the iniuries statement Ex.PA/2 prepared by 1.0. is alsn signed by me. Inquest Report prepared by 1.0, Ex.?8 is also signed by me. 200K BY THE ACCUSED. (Reserved). RO. BAC. 24.08.2016. Pw Dr. Najeeb-ur-Rehman recalled and reaffirm XXXXX By Mr. Mazhar Zahoor Ahmad Advocate leamed defence Counsel. On 30-5-2016 I was on emergency night duty at THQ Hospital, Taunsa Sharif from 8,00 P.M. till 8.00 A.M. in the morning. I do not remember exactly who brought the dead body in the hospital. It might be brought by Rescue 1122. It is correct that whenever dead body is brought by Rescue-1122, they obtained our signature on document andST ‘The State. Vs. Khaleel. Page. FIR No.127/2016, U/S: 302 PPC, Police Station: Saddar Taunsa Sharif. they do not hand over any document to us. Ihave not stated about the fact of Rescue-1122 in my chief examination. The police reached in hospital on our information within half an hour. Police had not recorded my statement as doctor in this case. I had not handed over dead body to police or any private person prior to post mortem, After post mortem I handed over dead body to police. I had examined the dead body before reaching of police. In the register of Emergency, I had noted down that Tovar as dead. It do not always happen that if a person received fire shot in awaken position his mouth and eyes remained opened upon his death, It Bis correct that the brain of the deceased was found having no clot. The brain matter was healthy and normal. I had only noticed mud on other parts of dead body, but I had not noticed any scratch, abrasion, laceration, bruise otc. It is comect that in my chief examination in the portion of external injury, it is recorded that a lacerated wound of 2.5 cm x 1.5-cm_ muscle deep, situated at dorsal surface of left hand while post mortem report Ex.P.A. do not contain this fact. Neither this injury is available in ‘post mortem report and injury statement. This kind of injury is result of blunt edged weapon. { have mentioned that after receiving fire shot, it was a sudden death. I have 28 years length of service. I have not mentioned that which kind of weapon was used to cause this fire arm injury, it is the job of fire arm expert, I have recorded in my chief examination that death occurred on 30-5-2016 at 6.45 A.M. I noticed this fact from column No.3Se ‘The State. Vs. Khaleel. Page.5, FIR No.127/2016, U/S: 302 PPC, Police Station: Sadar ‘Taunsa Sharif. of inquest report. I took one hour in completing the post mortem examination on dead body of Ibrar. The exit wound was wider than the entry wound. In my chief examination in injury No.1 (i) of extemal injury, it is mentioned that the entry wound of 1 cm x 3 om in fact it is 1 om x %4 om, as per post mortem report. It is not correctly recorded in my chief examination. 1 was in full senses, when my chief examination was recorded. On the margin of last paper-shect of my chief examination, my signatures are present, It is incorrect to suggest that in order to strengthen the prosecution case, I have deposed falsely. RV. &AC. 04.04.2017, Addi. Sessions Judge, Taunsa Sharif,ge No,00O 16761 PUNJAB FORENSIC SCIENCE AGENCY, Home Department, Government of the Punjab Wm oreace 1 pn gree Nag Baie Cahors wa ek 92 0000 Fy 42995276 GFbise DNA i Serology Asie Report™” igo PeSL [Rieay Cui —[rsAnTeDHISC ane ae aie Be PEST _ | Stoning nosy | tee Sutmn eli Tae Me MoE ibn foe reba Shai EIR SO pina’ Nae | Mitsad Raman" Vidi as [Waa Deseription of Evidence Submitted ‘The following sealed evidence item(s) were submited by irehad.Msshitr(SPyGncuné!07, 2006 abe" 9+ Punjab Forensic Science Agency, Lahore along withthe request of Digit Police Officer, Dera Gazi Khan for detection of hun blood. Memo... Description, . ss: t * soit Boreasic Serologieat Examination leno was examined for the presenge of hunan blood, Resulis aud’ Conclusion i : ‘Human blood was identified on item ho date Dispasition of Evidence ° Property ofthis case hasbeen released to lrshad Hussaia (St)'onJine 07; 2016!“ ree ‘Note: The results) in this report relatesonly to thetter(} tested. ‘Anais zed by: obo {sa ath [eee hsda/d DNASSIS Forense Seen 29 : DNAALFS Forensic Scientist, DSP REGAL * peanreupiit Dwtoainion 2 a6. 25/6 DERAOUAZEAMAN: tea Pegs bet facesExpy SY ate SA. gogo2seaes Es1oS5g Ber ‘oy : (JAB FORENSIC SCIENCE. AGENCY Home:Denartment, Governmentafths Punia) ‘Thokar Niaz Baig, Lahore 3 Tek 9242375 1609, Facsaaarsious [7 Firearms & Toolmarks Examination Report ( Reemey Cane FESAZDIGFTNSGR ‘Distt Police Ofer, Des S94 RSL. " ht aga ra Bh 6-1 | Submating Agoneyr | FY Sear Tans T2T7I6 G0-05 2016) Complainant Namer [NA Viet’ Name [WA Description of Bvidence Submited ” The Parcel vas submited on 06.2016 by Muhammad Amjad All (SI) and Parcel? was submited on 07.06.2016 by sad Husa (S along withthe request of DPO, Dera Ghazi Khan Tor Comparison of Cartridge Case mith Submitted Eircarm, Pareel# — Deseription FarcehI Ope smled cot bag contin one 30 caibrpsto tam PI) with maging ee bavig no number, make a SOS6 along wit ate ber, aly sine die ces HO (nid tener feet nase ye mage S680: lng with is ig number, duly si tei, - Them Pps was examined ad found tobe mechani opening ondton with ssi tues fnctioning Op 9 ms eee eeiy + Thoiea Cl cade cag as tenis faving bi fied in he SPY pl BY sgn oc mrizens 2 pp ec ny beecrivdby herman offelahof gous ean submit auoreaton otedocket win 13 days ae the ee of is report, Annan Componets sould be maintained for posible examina an Note hres hep ial ito hil ii? ny 0 ns Ge ye pele - Fee Seach eine iste Police ote Beta Ghee af age LofSO The State. Vs... hateel. Therfitatm.127/201Ys. Khaleel Alimad, FIRM. EERE, UISPaIbe BPtion: Sadcar Taunsa Sherif, ew. PollgsrSttions Seder TpuRss Shai Bughiant, Tehsil Taunsa Sharif. On ath Stated that on 08.06.2016, 1 wes posted as Petwari, Halga Bughiani, On the same date, I along with police reached at the spot. On the Polntation of police, I prepared scaled site plan. All the drawings end notes of black ink are in my hand and also bear my signature, Scale is 20 feet were equal to one inch. I prepared site plan in triplicate. Two are present on the file which are Ex.PC and Ex.PC/1 while the third copy is placed on police file. My statement was recorded by the police. XXXXX BY THE ACCUSED. (reserved) R.0. BAC, Munsif Kijan Awan 24.08.2016. Addl. Seggigns Judge, Tauad4 Sherif. PW.2, Muhammad Younas Patwari, recalled and re-affirmed, on oath, XXXXX BY Mr. Mahar Zahoor Khan Tangwani advocate leamed defence counsel, Itis correct that in the scaled site plan Ex.P.C and ExP.C/1-I had not mentioned Khata nusnber or Khasra number in these plans, I had not mentioned the width of metalled road. I prepared the site plan on the direction and pointation of police. I prepared the scaled site plan as per ough site plan prepared by police. I prepared scaled site plan at the place of occurrence. On the southern side of metalled road mentioned in scaled Plans, there is a vacant place. I had not mentioned the fact of vacant plots in scaled site plan on southem side. It is incorrect to suggest that I hhad not visited the place of occurrence and it is also incorrect to suggest that I had not prepared scaled site plan on the spot. It is incorrect to suggest that I have deposed falsely. RO, & AC, 10-12-2016, Addl. Sessions Judge, Taunsa Sharif,ce The State. Vs. Khaleel. FIR No.127/2016, u/s: 302 PPC, Police Station: Saddar Taunsa Sharif Pw.2 Muhammad Afzal 475/C, presently posted at police station ‘Saddar Taunsa Sharif. On oath, Stated that on 30.05.2016, 1 was posted at police station Saddar Taunsa Sharif. On the same day, [.0. Irshad Hussein S.1/1.0. handed over to me dead body of Muhammad Abrar deceased for conducting Post mortem examination along with two PWS namely Abdul Qudoos and Muhammad Imran. We escorted the dead body to the THQ Hospital, Taunsa Sahrif, After post mortem examination, M.O. handed over to me last worn. Clothes of the deceased ie blood stained Qameez *Naswari” coloured Pi and blood stained shalwar *Neswari" coloured and “Zarbund” of mixed coloured 2 and other documents. I handed over the same to I.0. who secured said last clothes vide recovery memo Ex.PD. 1.0. recorded my statement u/s 161 cree, XOX BY THE ACCUSED. (reserved) RO. BAC. 24.08.2016, PW.3 Muhammad Afzal recalled and reaffirmed on ost, XXXXX — By Mr. Mazhar Zahoor Ahmad Advoate leamed defence counsel I received the dead body 8.15 A.M. LO. had also handed over to me docket along with the dead body. I received the dead body in hospital in front of post mortem house. I have visited THQ Hospital, ‘Taunsa Sharif. The inter-se distance between Emergency Ward and Post ‘Mortem house is about 150 yards. I proceeded to hospital along with Irshad Hussian S.J. The doctor at once started post mortem on the dead body. Abdul Qadoos and Imran accompanied me after post mortem along With dead body at the place of occurrence. On reaching there, I obtained'a receipt and handed over dead body to legal heirs. Ramzan complainantSA received dead body of deceased. Shirt, Shalwar and string of shalwar which doctor had handed over to me along with dead body are not present before the court at present, I returned back to police station about 10.30 AM. [handed over last wor clothes of deceased and receipt of handing ‘over of dead body to 1.0, on the spot. It is incorrect to suggest that I never received any dead body and last worn clothes in this case. It is incorrect to suggest that I had not got conducted post mortem of deceased Ibrar. It is incorrect to suggest that I neither visited the spot nor handed ‘over the receipt to LO. RO.& AC. 04.04.2017.statement on 16-6-2016 after 30- 58 ‘The State. Vs. Khaleel. FIR No.127/2016, u/s: 302 PPC, Police Station: Sadar Taunsa Sharif. PW.4. Ghulam Qamber 534/HC, Presently posted as Moharrer, P.S Saddar Taunsa Sharif. On oath, Stated that on 30.05.2016, 1 was posted as Moharrer at police station Saddar Taunsa Sharif. On the same day, 1.0. of this case handed over to me two sealed parcel; one containing crime empty of 30 bare pistol and the second containing blood stained earth and last worn clothes of the deceased ie. Qameez P1 and shalwar P2(both blood stained), which I kept in Maikhana in safe custody. On 06.06.2016, I handed over sealed parcel of crime empty and sealed parcel of blood stained carth to lad Huss: 1 81 for onwards transmission to the PFSL, Lahore. On 12.05.2036, 1.0. of this case handed over to me one sealed parcel of 30 bore pistol i.e. weapon of weapon for keeping the same in safe custody in Malkhana. On 13.06.2016, I handed over this parcel of 30 bore pist/erime weapon to Amjad Ali $1 for onwards transmission to the PFSL, Lahore, During my custody, no one tampered with the same. XXXXX BY THE ACCUSED (reserved) R.0. BAC. 26.08.2016. Taunsa Sharif. PW.4 Ghulam Qumber 534/HC recalled and reaffirmed, on oath, XXXXK By Mr. Mazhar Zahoor Ahmad Advocate learned defence Counsel. Ido not remember Rapat Number which was entered about receiving of the parcels. The 1.0. had recorded my statement about the receiving of parcel on 30-5-2016. The LO. had also recorded my final '-2016 when recovery of pistol was, made and parcels were forwarded. 1 do not know whether 1.0. hadrecorded my statement on 12-6-2016. Parcel was prepared with cloth and sealed. Parcels were not prepared and sealed in my presence. I have stated about what was containing in those parcels by reading the notes ‘upon the parcels. had not opened the parcels to check what were those containing. I cannot state about rapat number about receiving of parcel of pistol. In those days, keys of Maalkhana of P.S. were in my possession and were also with the Naib Moharrirs Shahid and Altaf in my absence. ‘The said parcels at present are not before me. I cannot state exact time when I received the said parcels. I also cannot state, who were present along with me when I received said parcels from the JO. Wajid Ali S.1. It is incorrect to suggest that said parcels were tempered one. I have not obtained any receipt drom Irshad and Amjad to whom I handed over said parcels that the said parcels are not tempered one, we obtained road receipt from them. Wajid Ali was Incharge Homicide as well as $.H.0. of P.S. Saddar in those days. It is incorrect to suggest that in order to strengthen the prosecution case, Ihave deposed falsely. RO.& AC. 12-4-2017. Adal. Sessions Jfdge,Taunsa Sharif.éo0 The State. Vs. Khaleel. FIR Wo.127/2016, U/S: 302 PPC, Police Station: Saddar Taunsa Sharif PW.5. Muhammad Ramen son of Khuda Baiensh, caste Malghani alias Bumbhani, aged about 53/54 R/O Basti Sokar, Tehsil Taunsa Sharif. On’oath, Stated that 1 am owner of Toka Machine and runs a shop in Basti Soker. My son Abrar was Rickshaw driver, On 30.05.2016, at about 6.20 AM, 1 along with Shahié Hussain son of Muhammad Ramzan and Abdul Mateen son of Ghulam Muhammad were going to Taunsa Sharif on the Rickshaw of my son Abrar from Bast! Sokar. When we reached near the shop of Gul Muhammad. My son Abrar stopped the Rickshaw to purchase “Noswar’, When he was going to the shop of Gul Muhammad, accused Khaleel Ahmed present in the court armed with pistol 30 bore emerged there and raised laikara to my son Abrar that he will not spare hi. Accused Khalect ‘Ahmed present in the court ficed with his pistol at my son Abrar, which hit on left side of chest of my son and passed through and through. My son Abrar fell on the ground smeared with blood. We PWs tried to apprehend accused Khaleel Anmed but he raised his pistol towards us and threatenea ioe dice consequences. Due to fear, we did not go acar him. After that the accused Khaleel Ahmed ran avay from the spot with his respective wespon. we lnformed the rescue-1122. After a short while, Rescue-1122 reached at the spot and they checked my son and told that my son has succumbed to the injuries. Motive achind tie occurrence is that about 10/12 days prior to the occurrence, some hot words were exchanged between my son Abrar and Khwleet Ahmed. Due to the said grudge, accused Khalecl Ahmed has ‘committed murder of my son 1, along with Abdul Mateen and Shahid Hussain PW escorted the dead body of the deceased on the ambulance(vehicie) of Rescue-2122 to the ‘THQ Hospital, Taunsa Sharif. Police came in emergency ward of THQ,6) Hospi J, Taunsa Sharif, where the dead body of my son was 1y.ng. Aor recorded my statement Ex.PE, which was read over to me. I thumb marked the same as token of its correct XXXXX BY MR. MAZHAR ZAHOOR KHAN TANGWAN ADVOCATE ON BEHALF OF THE ACCUSED PERSON. (reserved) RO. BAC, 07.09.2016. Tabasa Sharifa Qe ‘The State Vs. Khaleel, FIR No.127/2016, U/S: 302 PPC, Police Station: Saddar Taunsa Sharif. > PW.5. Muhammad Ramzan recalled and reaffirmed on oath, XXXXX By Mr. Mazhar Zahoor Ahmad Khan Advocate Learned defence counsel. My house is situated on western side of Basti Sokar. The inter- se distance between my house and place of occurrence is about halffone kilometer. It is incorrect to suggest that inter-se distance between my house and place of occurrence is about three kilometer. We use the road leading from Bughlani to Taunsa Sharif to reach Taunsa Sharif. The said road is badly damaged road. I cannot state about the time required to reach place & $ & of occurrence from my house. We stopped on the way at Adda. We started = 2 at 6.15 A.M. on the said date and reached to Ada within five minutes at 6.20 AM., I do not know whether the shop of Gul Muhammad is sit uated before reaching to Ada from our house or otherwise, We stopped at Ada for just one minute. The witnesses Shahid and Mateen accompanied us from Ada, From Ada we reached at place of occurrence within two minutes. It is correct that number of shops are situated between place of occurrence and our house. Again stated that no shops are there, There are shops of Rafique and Nazu at Adda, but at that time, those shops were closed. Again said Nazu has no shop at Ada. 1 along with Mateen and Shahidu were sitting on front seat of motorcycle rickshaw. ‘The accused suddenly came from northem side on spot. Our rickshaw was standing on southern side of road. My deceased son Abrar after alighting from rickshaw crossed the rickshaw fiom front side and his face was towards north. We were proceeding on rickshaw towards east side and were proceeding towards Taunsa Sharif city.& The accused fired from distance of ten feet at deceased. The accused only made one fire shot. I cannot state what was distance between accused and we PWs. We had not attempted to hit accused with brick bat or stones picking from the road. Only we PWs were present at that time over there and no other person was present, We intended to stop the accused from repeating fire shot, but he on pistol point threatened us not to come near otherwise, we will also face the same consequences. PW Shahidu called upor. Rescue 1122, I cannot state the mobile number of Shahidu from which he called upon 1122. Rescue 1122 reached at the spot within 20 '§' minutes. When Rescue 1122 reached at spot, my son was lying unconscious EPo there. They by observing pulse, declared that he is dead. In the 2 22 © J complaint, it is recorded that Rescue 1122 came over there and took care of AL" my son Abrar, but he auesumbed tothe injury. It is incorrect to suggest that Shahidu had not called upon Rescue 1122 from the spot. It is incorrect 10 suggest that Shahidu was not present at the spot. On latkara my son Abrar not succeeded to flee away from spot, he tied to turn towards east and in meanwhile accused made fire shot at hhim, Rescue-1122 remained on spot for only two minutes. We requested them to shift dead body to Taunsa Sharif hospital. We called upon rescue 1122 after just three minutes of fire shot. After fire shot I took care of my son, My wearing clothes also stained with bleeding of my son. I had not handed over those blood stained clothes to policelI.O. as ILO. has not asked for that, I have not stated to police that while teking care of my son, my clothes stained with bleeding as police had not asked about this. I recorded ‘my statement to police in the same blood stained clothes. Even at that time police had not asked about it, Shopkeeper¢ > Ss ps $s "aang 6 PW.S. The State. ‘Vs. Khaleel, Gul Muhammad wes not present at spot. Shop of Gul Muhammad was opened at that time, but said shop was having a shed before it and for the said reeson, Gul Muhammad was not visible to us. Sokar is a big town, None of the person of locality had witnessed this occurrence except we PWs. No other person had noticed Khalil while decamping from place of occurrence. We had not called for any help from any other person. Till reaching of 1122, no other person came ‘on the spot. Police reached at hospital at 8.15 A.M. I had not called police from spot. Shahidu PW called his Goda (respectable) Azam Khan. We reached at hospital at 7.00 A.M. Till arrival of police at hospital, no doctor had examined the dead body of my deceased son, The dead body of deceased was lying in emergency ward of hospital, his head was toward ‘west and feet were towards Bast. Police reduced into writing my statement in 15 minutes. The dead body was shifted from emergency ward to mortuary after 1 hour 45 minutes for post mortem examination. Hirsh words were exchanged between Khalil and my deceased son Abrar on the turn schedule of rickshaws and at that time Khalil also extended threats that he will face the consequences. I and Shahidu PW have stopped them from quarrelling. This harsh words were exchanged at 6,00 P.M. We had not reported the threat of Khalil to police yas we were not expecting that he will take such drastic action. I had also stated to police that Khalil and my son exchanged harsh words on turn schedule of, tickshaws, Police has recorded this dispute of turn schedule of rickshaws incomplaint on my narration. I cannot state the registration number of rickshaw of Khalil. It is incorrect to suggest that Khalil was not running any rickshaw and he was only a labourer, ‘When my son received fire shot, 1 was on his western side, My on Stopped rickshaw before reaching near the shop of Gul Muhammad on South-west side to have “Niswar”. ‘The wives of Abrar and Khalil are real sisters. The marriage of ‘Abrat took place before mariage of Khalil. 1 solemnized marriage of Widow of Abrar with my son Asim, Mst: Fathat Mai is wile of Khali, It i sneowrect to suggest that I wanted hand of Farhat Mai for my son Asim, It i incorrect to suggest that we were'not happy about the marriage of Fahat Mai with Khalil It is incorect to suggest that prior to this occurrence we have enmity with Khalil Iti incomect to suggest that it was a blind murder and we had not witnessed the ocourtence. It is incorrect to suggest that the Seoused Khalil present inthe court had not murdered my son by fire shot. 1 's incorrect 1o suggest that deceased Abrar was murdered by some unknown Person. It is incorrect to suggest that due to dispute of “Rishta” and enmity We have falsely charged accused Khalil in this case. No person from Rescue-1122 had named as witness in this case by me. Shop of Ashraf Electrician is situated on the western side of shop of Gul Muhammad ata distance of about two room, but it was closed at that time My son stopped rickshaw after crossing shop of Ashraf Blectician Parents oF Khalil are alive, Khali is the only son of his parents. He has no sister. It 's Incomect to suggest that Ihave deposed falsely to strengthen ipp-eas. RO.&AC, sit han Awan 03-5-2017, Addl. Sessions Judge, Taunsa Sharif,66 The state. Vs. Khaleel. : FIR No.127/2016, u/s: 302 PPC, Police Station: Saddar Taunsa Sharif. Pw.s. Shahid Hussain S/O Muhammad Ramzarr, caste Malghani alias Bumbhani, aged about 32, cultivator R/O Basti Sokar, Tehsil Taunsa Sharif. On oath. Stated that on 30.05.2016, at about 6.20 AM, I along with complainant Muhammad Ramzan and Abdul Mateen son of Ghulam Muhammad were going to Teunsa Sharif on the Rickshaw of Abrar from Basti Sokar. The Rickshaw was being driven by Abrar. When we reached near the shop of Gul Muhammad, Abrar stopped the Rickshaw to purchase “Naswar", When he was going to the shop of Gul Muhammad, accused Khaleel Ahmed pre nt in the court: armed with pistol 30 bore emerged there and raised lalkara to Abrar that he will not spare him and accused Khaleel Ahmed Present in the court fired with his pistol at Abrar, which hit on left side of chest of Abrar and passed through and through. Abrar fell on the ground smeared with blood. We PWs tried to apprehend accused Khaleel Ahmed but he ra od ' pistol towards us and threatened for dire consequences. Due £0 fear, we did not go near him. Alter that the accused Khaleel Ahmed r5. away from the spot with his respective weapon. We informed the reseue-1122. After a short while, Rescue-1122 reached a the spot and they checked Abear and told that Abrar has succumbed to the injuries, Motive behind the occurrence is that about 10/2 days prior to the occurrence, between Abrar and Khaleel Ahmed, some hot words were exchanged. Due to the said grudge, accused Khaleel Ahmed hes committed murder of my son 1, along with compisinant and Abdul Mateen PW escorted che dead bogy of the deceased on the ambulance(vehicle) of Rescuc-1122 to the THQ Hospital, Taunsa Sharil. Police came in emergency werd of THQ Hospital, Taunsa Sharif, where the dead body of Abar was lying. Police recorded statement of the complainant.67 On the some day, 1 and other PWs joined the investigation w the police. 1.0, inspected the place of occurrence. 1.0. secured bloods stained earth from the place the place of occurrence and made it into a seated parcel ‘and took into possession vide recovery memo Ex.PF in my and presence of Abdul Mateen PW. I and Abdul Mateen attested the same. LO. also secured fone empty of 30 bore pistol from the place of occurrence In my presence and Abdul Mateen and sealed it into a parcel and took into possession vide recovery memo Ex.PG, which was attested by me and Abdul Mateen PW. 1.6. also prepared rough s plan on our poinatation and recorded statements of the witnesses u/s 161 Cr.P.C. 1.0. completed the investigation at the spot. XXXXX BY MR, MAZHAR ZAHOOR KHAN TANGWANI ADVOCATE ON BEHALF OF THE ACCUSED PERSON. (reserved) RO. BAC. Mi 07.09.2016. Addl. Sedbians Judge, Tayfnsa Shani63 ‘The State. Vs. Khaleel FIR No.127/2016, UIS: 302 PPC, Police Station: Saddar Taunsa Sharif, PW.6. Shahid Hussain recalled and reaffirmed on oath. XXXXX By Mr. Mazhar Zahoor Ahmad Khan Advocate Learned defence counsel, From the house of Ramzan 2 person can reach on motoreyele in 4/5 minutes at the place of occurrence, It is incorrect to suggest that the interse distance between house of Ramzan and place of occurrence is about 3 kilometers. ‘That few shops fall between place of occurrence and house of Ramzan, I boarded on Rickshaw from Adda Sokar. At that'time Ramzan, ‘Mateen and Abrar were already in the rickshaw. When I reached from my house at Adda, rickshaw was ready there. The Ada is at a distance of five minutes from my house. Upon my boarding on rickshaw, its capacity completed and we started our joumey. I came ftom my house at 6.10/6.17 A.M., The rickshaw reached at place of occurrence form Ada within 4/5 minutes as road was damaged. When we were travelling on rickshaw no other person was travelling on road as it was early morning, Sokar is a big, village town. After stopping the rickshaw Abrar crossed the rickshaw from front side and went towards north to have a “Niswar” from the shop of Gul Muhammad. During this, we remained seated in Rickshaw. I, Mateen and ‘Ramzan were sitting in front seat of Rickshaw. I was on towards north side, Ramzan was sitting towards south side and Mateen was sitting between us. Gul Muhammad was not visible to us as he has a long shop. Accused Khalil suddenly came from northem side. Accused Khalil made lalkara from a distance of 10/12 fect. He pulled out pistol from his “Neifa” and made lalkara he will not spare Abrar. On lalkara deceased Abrar turned back but BicAdel: Disa a 47 accused made fire shot. After making fire accused fled towards southern side. We tried to apprehend him, but accused extended threats to us by show of pistol. We had not chased him, We stopped as he pointed pistol towards us. Accused made only one fire shot. No person attracted on spot on fire shot. Shop of Gul Muhammad was open at that time. The houses are situated at a distance of about 200 feet from the shop of.Gul Muhammad. The house of Gul Muhammad is also situated on same distance from his shop as other houses, T- had called upon Rescue-1122 through my mobile ‘No.03003870348, At present that number is closed. Rescue-1122 reached at the spot within 20 minutes from my call, Till arrival of Rescue-1122 we had not provided any first aid to Abar. We only took care of him. PW ‘amzan had picked him in his lap. We had not called for help from any other person that the accused Khalil be apprehended as he hes committed the ‘occurrence. Till arrival of Rescue-1122 no person of locality attracted at the spot. Rescue-1122 informed us that Abrar has succumbed to injury and we ‘had asked them to shift him to hospital as he might be alive. After stopping rickshaw Abrar covered a distance of 8 feet from us towards north, when accused Khali] made lalkara. I had not called upon police as I was not having number of police. I called our Sardar Azam Khan, ‘We reached in the hospital at 7.00 AM. Police came to hospital at 8.20 AM. No doctor examined the dead body of deceased before anival of police. Doctor confixmed that he is a dead person. Abrar was son of my paternal aunt and he was son of maternal ‘aunt of Mateen. After two minutes of the occurrence, I called upon 1122, A shop of a choudhary is situated at a distance of one plot from shop of GulPW.6. The State. Vs. Khaleel ‘Muhammad towards west, Postmortem of deceased Abrar conducted at 9.00 AM. It is correct, that accused Khalil is a labourer. I was witness of exchange of harsh words between Khalil and Abrar. We had not reported about these exchange of harsh words to police as it was routine matter of abusing over dispute of rickshaws. We had not complained father of Khalil about exchanging of harsh words and abusing. Police after reaching hospital, examined dead body, drafted complaint on statement of Ramzan and send it to police station for registration of case. Police reduced into writing persons attracted over there. Police asked them to keepaway from spot. We three PWs joined investigation, Police had not recorded statement of any other person except we three PWs. Police prepared site plan on pointation of me and Mateen. The occurrence took place at road side. When we came along with police the place of occurrence was not cordon off normal traffic was on its move, Two constables also accompanying Police officer to place of oceurmece. Police remained at place of occurrence for more than 15/20 minutes, during which they secured blood stained earth, prepared site plan, secured empty and constable who went to police station along with complaint also reached over there. I remember the name of said constable as Abbas. Mateen has not come today for recording his statement, he can be called upon. The empty was lying at a distance of three feet towards west from the place from where blood stained earth was'collected. Basti Sokar7 have 20/25 busy mosques. Rajar prayer was offered at 5.15 AM. on day of © occurrence ‘The wives of Abrar and Khalil are real sisters. The mamtiage of ‘Abrar took place before marriage of Khalil. I do not know name of wife of Khalil, It is incomect to suggest that Ramzan wonted hand of Fathat Mai for his son Asim. It is incorrect to suggest that due to this matter, Ramzan and Abrar had grudge with Khalil, Parents of Khalil are alive and Khalil is only son of his parents. It is incorrect to suggest that I was not present at the Spot. It is incorrect to suggest that I had not called upon Rescue-1122 from the spot. It is incorrect to suggest that I had not witnessed this occurrence. Itis incorrect to suggest that the accused Khalil present in the court had not made any fire shot in my presence at Abrar, Police hd firstly secured blood stained earth through recovery ‘emo before securing the empty. Wajid SI. was the first who signed Tecovery memo, None of us signed the same, It is incorrect to suggest that it ‘was a blind murder. It is incorrect to suggest that due to dispute of “Rishita” and enmity complainant has falsely charged accused Khalil in this case. It is Incorrect to suggest that being relative of deceased and complainant, I have deposed falsely. RO&AC Munsif Kyfan Awan 03-5-2027, Addl. Sessions Judge, Taunsa Sharif,i KB bo poe CN gett axllEe ede | \ FW.Z. Amjad Ali SI presently posted -at Punjab | 1 Patrolling Mana Bangla Distt: DG Khan. Oa oath. | Slated on 13.06.2016 I was posted al PS Saddar ‘tau | fnvestigating officer. Moharri Police Station Saddar nhmoty Qambar No.584/HC handed over 9 me one scaled parce! cor} Piel 90 bore for ghd transmission to Panab Yprensc fh Agency. On 14.06.2016 I deposited the same in said aghney. nae ‘made any tempering in it during my custody. My statement wa | by £0. on 16.06.2016 ' 2OXXX BY MR, MAAR ZAHOOR KHAN ‘TANGWAN: AVG ON BENALY OF THI ACCUSED PERSON, | (Reserved) | RO. & Ac. 18.10.2016, Pw7. Amjad Ali S.I recalled and re-affirmed, on oath. | Xaoo000 By Jeamed defence counsel Mr zhar Zahoor Advocate: It is incorrect to suggest that the parcel was prepared while|| T i | tempered. - i i ROBAC, 0-1-2017 AdESesfions Judge, Texsse/Sharit.23 ‘The State. Vs. Khaleel. FIR No.127/2016, L/S: 302 PPC, Police Station: Saddar Taunsa Sharif. le 1 Allah Ditta AS! presently posted at Police Lin Khan. On oath. ia Stated that on 30.08.2016 1 was poate at ad os Duly Olcee. On dhe same day, a ween compli scr dialed by Wajid ttusnin 81/L0 locharge Homicide trough Abbas No.1305/C for registration of PIR at about 8.45 AM(day}. I drafied VER No.27/36 according to wen complaint. I id not inal any omission and delat ini PR isin my mand and bearer, gry which is Bx PIT rm Nil. (Opportunity given) RO. BAC. | 20.10.2016, Addl. Sesylons Judge,38! Cit a % tego se rin noize ois sone was not named as marginal witness of recovery memos in this ref RO&AC Police Station: Saddar Taunsa Sharif, Irshad Hussain St present posted sHo 3) ‘Taunsa Sharif, On oath | Stated on 06.06.2016 I was posted at. PS Saddar “Jaunsa, d) ‘i same day Moharrar Poise Staten Saddar namely ot li S84/11C handed over wo me wo sealed parcel. one ie equi "7 stained earth, and other containing crime empty pistol 30 ‘bo 161 of er.pe. XOOOOKK Reserved. R.O. & A.C. 25.10.2016. Irshad Hussain SI recalled and reaffirmed, on oath. 2OOKKX By Mr. Mazhar Zahoor Ahmad Advocate learned defence Counsel. received the parcels in sealed form. As I was “p rete ‘on spot, therefore, I luiew that one parcel contained empty of 30-1 | Pistol and other contain blood stained earth Although I was on spot, bul | That the empty and blood stained earth were taken into possession vide Tecovery memoes dated 30-5-2016. From 30-5-2016 to 06-6-2016 parcels ; ot remained in my custody and these emained in custody of Mohattir. In| my statement u/s 161 CrP.C, it is not recorded that I was Present on spot, hen empty and blood stained earth were taken into possession. 1 ‘incorrect to suggest that both the parcels were not sealed in my presegce. i (It is incorrect to suggest that I tempered with parcels on the way to |! ‘Lahore, It is incorrect. to suggest that in order to strengthen jig j Prosecution case, Ihave deposed falsely. 98.19.2019. Addl. Sessions fadge,Taunsa Sharif,A ‘The State, ‘Vs. Khaleel. : FIR No.127/2016, UIS: 302 PPC, Police Station: Saddar Taunsa Sharif. PW.10. Abdul Qadoos s/o Ghulam Muhammad, caste Malghani aged about 36 years, Govt: Employee R/O Basti Soker, ‘Tehsil Taunsa Sharif, On oath. Stated that on 30.05.2016, at about 9.00 AM, I along with ‘Muhammad Imran identified dead body of deceased Muhammad Abrar s/o ‘Muhammad Ramzan, After autopsy Medical Officer handed over last worn clothes of deceased shirt P.1, Shalwar P.2 to police. The LO. took the same into possession vide recovery memo Ex.PD, which was attested by me and Mubammad Tinran and Muhammad Afzal PWs. 1.0. also recorded my statement u/s 161 CrP.C. XXXXX BY Mr, Mahar Zahoor Khan Tangwani advocate learned defence counsel. (reserved) RO.& AC. 28-11.2016, PW.10. Abdul Qadoos recalled and reaffirmed, on oath XXXXX BY Mr. Mahar Zahoor Khan Tangwani advocate learned defence counsel. It is correct that last worn clothes of deceased are not present in the court at this time. When last worn clothes of deceased were handed over to LO, 1, Abdul Mateen,,Shaid and Muhammad Ramzan were also. present. Other police officials were also present at that time. | am Government Servant and posted at Basti Bindi, On 30-5-2016, 1 was not on duty. Volunteered that our yavations started on 24-5-2016. | am peon in Education, Department. Sometimes, we ate 10 perform duties, even in summer%6 vacations. My statement was recorded at the spot in front of shop of Gul Muhammad, My statement was recorded at 10.15/10.30 A.M. It is incorrect to suggest that | have deposed falsely due to relationship with deceased and complainant. R.O. & AC, Ghulam Hugstan Bhindar 21-09-2017. Addl. Sessions Judge, Taunsa Sharif,27 ‘The State. Vs. Khaleel Ahmad, . FIR No.127/2016, U/S: 302 PPC, Police Station: Saddar Taunsa Sharif. PW.l. Wajid Ali, $14.0. presently posted at P.S. Shebr Sultan, District Muzafargerh, on oath. Stated that on 305.2016 I was posted as S.USHO. at PS Saddor Taunsa Sharif. On the same day, j along with other aficials were on patroling Guty at Behar Ada where T received information regarding the oecurrence. I proceeded to Emergency Ward THQ Hospital, Taunsa Sharif where complainant Mubammad Ramzan was present along with Abdul Mateen and Shahid Hussain PWs. 1 recorded statement of complainant Muhammad Ramzan Ex.P-E, which was read over to him, who signed the same as token of its covectness. Afler that 1 recorded police proceedings and sent the same to police station for régistration of PLR. throveb ‘Ghulam Abbas 1305/C. 1 inspected the dead body of deceased and prepared injuries statement Ex..A/2 and drafted application for post mortem examination EX.A/2. 1 prepared inquest report Ex-P-B and other relevant papers. handed over dead body of ceased to Muemmad Afzal 375/C slong with PWs Muhammad Imran end Abdul Qadoos for antopsy of deceased Ibrar. Then I along with complainant and PWs proceeded to the place of occurrence. J inspected the place of occurrence and prepared rough site plan EX.P.J where I secured blood stained earth vide recovery memo Ex.P.F and erime emply of pistol 30-bore vide recovery memo Ex.P.G and prepared scaled parcels of Blood stained earth and empty P.3. {recorded statements of PWS w/ 161 CeP.C. Ghulam Abbas 1305/C handed over to me police papers and FUR 127/2016 tls 302 PPC, Mutammad Afeal 375/C along with Abdul Qadoos and Muhammad Imran PWs appeared before me and produced post mortem report and other necessary papers along with last worn clothes of deveased i.e. shirt P.1, shulwar P-2 (bloodPe ), which I took into possession mame Ex.PD, attested by PWs, 1 recorded statements of PWs ws 161 CrP.C. I raided the house of accused Khalil Abinad for his arrest, but in va, ‘After that I eame back at police station end handed overall the parcels to Mohair. ‘moved application to Tehsilar to yet prepare a sale ste plan. On 08-6-2016 Patwork Halqa visited the spot and prepared scaled site plan upon whieh {recorded my notes No. to-wit red ink. On 08-6:2016, 1 anested Khalil Ahmad, accused ater receiving spy information, from Ads Bobs. 1 obiained his physical remand. On 126.2016, avcused Khalil Ahmed made disclosure in presence of Muhammad ‘Tariq 382/C, Mutced Hussain 1227/C that he can get recover pistol 30-bore weapon of offence. Then T along with aforesaid PWs proceeded ut Basti Sokar where Khalil Ahmad, acused led vs in western room of his reside al house and got recovered pistol 30-bore Pi from a ton box. On unloatng the same, tre lve bullets P 511-3 were recovered from the ssid pistol, I prepared sealed parcels and then took the same into possession recovery ‘mento Ex.P.K atested by'PWs. I prepared rough site plan of place of recovery of pistol ExP.K/L. [recorded statements of PWs of covery ws 161Cn.C. Then I prepared a separate complaint under Arms Ordinance 1965, | handed over pace! of recovered pistol to Moar. 1 got judicial remand of seewsed on 15-6-206. On 16- 6-2016 I recsived report of PES.A, Lahore regarding soil and recorded sttement of Ghulam Qumber S34/MHC, Amid Ali Sand Ieshad Hussian $1 ws 161 CrP.C, tn any fnvestigation, accused Khalil Ahmad, piesent inthe court was found connected withthe occurrence and prepared report ws 173 CrP. against him for ial XXXX ON BEHALF OF THE ACCUSED PERSON, (Reserved) RO.RAC, MeBBE KyAn Awan 07-1.2017, Addl. Seyflons Judge, Taunéa Shari.WW 79 es és ‘The State. Vs. Khaleel Ahmad. page. FIR No.127/2016,U/S: 302 PPC, Police Station: Saddar Taunsa Sharif. PW.11, Wajid Ali $.L recalled and reaffirmed on oath, XXXXX By Mr. Mazhar Zahoor Ahmad Khan Advocate Leamed defence counsel, I do not remember rapat number of my patrolling and my proceeding towards Ada Bohar. I was informed about the occurrence through telephone at Bohar Adda. I had not noted down the said telephone number from which I received the information of occurrence. Volunteer stated that it is not required to. note down the number. I do'not remember the said number. I received said telephone call at 7.30 A.M. Through said. call, I was informed that a person has been murdered through fire shot and g has been shifted to the hospital. On receiving this call, I proceeded to ‘hospital and reached there at 7.45 AM. When I reached at hospital, dear’. body was lying in Emergency Ward. I cannot remember the name of duty doctor at the said time. I had not asked the doctor whether he has examined the dead body. I myself examined the dead body. i had not recorded any statement of doctor whether the injured was brought alive to hospital or he succumbed to the injuries in the hgspital or he was brought as dead. I. noticed injury on the front of chest of deceased also noted on the back at right shoulder. I had not noticed any other injury on the body of deceased, I had not made any drawing about the lying direction of the dead body. I had not obtained any permission from the doctor to examine the dead body as I was authorized to examine it. I had also not recorded any statement of official of hospital about examination of dead body by me as the dead body was in our custody and was kept in wait to be examined by me. TheGo emexgency ward of THQ Hospital is situated in different block from general | ward. I completed my required work within fifteen minutes. I recorded the statement of complainant soon after I reached at hospital ie. at 7.45 AM. I reduced into writing complaint Ex.P.E in five minutes. I reached on the spot at 8 ‘O' clock. ‘The place of occurrence is situated near a shop at thoroughfare. The place of occurrence was not cordoned off and normal traffic was moving near tothe said spot. The complainant and witnesses also proceeded with me for spot inspection, When we reached on the spot, already number of people were attracted over there and after our arrival, number of other people also attracted over there. I had also‘inquired about the occurrence from the said persons who gathered on the spot. I do not i remember their names. I had inquired from 20/25 persons, but bad not Shan duced their statements in writing. The place of occurrence was situated on aun 2 £ & ‘hard surface “Paki Zameen". Among those 20/25 persons, number of them informed me that they had witnessed the occurrence. I had not noted down, the names of said persons, who claimed that they had witnessed the occurrence as they were not willing to be stood as witness in the case. The shop near which the occurrence took place belonged to Gul Muhammad. I had not inquired fromm Gul Muhammad as at the time of my visit he was not, available in his shop. When I reached on spot, I found an empty lying over there and blood stained earth, I secured both of it through recovery memos. ‘Twolthree police constables were accompanying me, but I do not recall their names this time, I spent 15/20 minutes at the place of occurrence. I had visited Basti Sokar which has no specified Ada. Number of shops are situated al-around the place of occurrence, I had found Rickshaw standing near the place of occurrence upon which complainant party were proceeding. ef PW.IL. The State, Vs. Khaleel Ahmad, page.S, FIR No.127/2016,U/S: 302 PPC, on day of occurrence. I had not taken in custody the said rickshaw. I had not noted down the Engine and Chasis number of rickshaw as I had not taken it in possession. I had not pointed out presence of rickshaw in site plan. Thad prepared site plan on the pointation of complainant and witnesses, Sokar is not big town, it is a scattered Basti. I do not know who brought dead body from spot to hospital. The complainant had brought dead body to hospital through Rescue 1122. I had not interrogated the official of 1122 as when I reached at hospital, they were not present over there. I do not remember the direction towards which said shop on the place of occurrence was situated near the place of occurrence. The blood stained earth was lying at a distance empty from the blood stained earth. The witnesses were at a distance of ight feet from the deceased at the time of occurrence but I cannot state their direction from the accused at present. I received blood stained clothes on the spot. The wearing clothes of complainant and witnesses were not blood stained, I completed the proceedings at the spot. I do not remember the ‘time at which Ghulam Abbas handed over to me FIR and papers on the spot Thad not conducted any investigation in this aspect that whether accused Tc ‘was having any rickshaw. ‘The complainant and witnesses have not told me that why and for what reason harsh words were exchanged between deceased and Khalil. I had only once inspected the place of occurrence in this case, T had also recorded statements of witnesses in the hospital.Br ‘We left the police station for recovery at 2 'O' clock. In this” regard, rapat was entered in the roznsmcha. I do not remember, rapat number. I had not annexed the copy of said rapat as a.case history of this case. i had not mentioned rapat number in the recovery memo and in the FIR registered w/s 13/20/65. Constable Mureed, Tariq and Ghulam Abbas also “accompanied me for recovery proceedings. We reached at the place of occurrence at 2.45 P.M, The place of recovery is situated a distance of 15 kcms. fiom police station Saddas, Taunsa Sharif We proceeded on official vehicle, but I do not remember the registration number of said vehicle. I was SHO P.S. Saddar at the time of occurrence. Three vehicle were available in main police station and two other vehicles were available at relevant police post. I used vehicle of police station for recovery purpose. Asim Bilal was driver of vehicle on said day. I do not remember the names of two other drivers of remaining two vehicles, The accused was sitting along with constable in the cabin of said official vehicle in handcuffs, I do not know which constable was holding the chain of handcuffs. We stopped vehicle on the southern side near said place of recovery and we parked the Vehicle in an open place. ‘The door of house of recovery was situated towards south, No person of the locality attracted over thereat the place of recovery. The house of Khalil ie, place of recovery was a dwelling house. After alighting from Daala Khalil was leading us and we were following him. The door of place of recovery house was opened. We entered in the house and made a call for observing parda, I noticed pea of one/two children in the said house. The said house comprised of two rooms. I do not Femember the direction of doors of the said rooms. I had not called any Public witness to associate us for recovery proceedings. The accused got83 PW.L1. The State, ‘Vs. Khaleel Ahmad. page.7. FIR No.127/2016,U/S: 302 PPC, recovered crime pistol from an iron box lying towards westem side in the room. The said iron box was not in a locked position. The accused got recovered pistol from an iron box which was lying in open position under the worn clothes, We remained in the said house only for five/seven minutes and came out from the house only after recovery of pistol Volunteer stated that I prepared parce! and recovery memo in the house. 1 ‘was carrying investigation bag, The house of uncle of accused is situated on the westem side of place of occurrence and there was vacint place on the northem side of place of occurrence. On the southern side of place of currence, there was vacant plot. There was no street there. It was open {tee I prepared site plan of place of recovery on pointation of accused. 1 (- also confirmed four sides of place of recovery later on, on the same time.” ie confirmed these directions by a passersby. I had not noted down his name. I inquired ftom the passerby before preparing the site plan of place of recovery. I put my stamp on the recovery memo and also obtained the signatures of witnesses. I do not remember which witness firstly signed the Fecovery memo. I signed the recovery memo after signatures of witnesses. Stis incorrect to suggest that I made fake proceedings while sitting at police station. It is incorrect to suggest that neither I had reached to hospital, nor 1 visited the place of occurrence. It is incorrect to suggest that I had not examined the dead body. It is incorrect to suggest that I had not inspected the spot. It is incorrect to suggest that prepared rough site plan while sitting in police station. It is incorrect to suggest that all the recovery memos are, fake documents. It is incorrect to suggest that recovery of pistol is fake and& planted one, It is incorrect to suggest that rough site plan and site plan of Tecovery are not as per actual situation. It is incorrect to suggest that i had conducted investigation of case with malafide to favour the complainant. It is incorrect to suggest that to strengthen the prosecution case, I have deposed falsely. RO. &AC. 27-5-2017. Addl. Sessions Judge, Taunsa Sharif,LV ar The State, Vs. Khaleel Ahmad, FIR No,127/2016, ‘U/S: 302 PPC, Police Station: Saddar Taunsa Sharif. PW.12, Mureed Hussain 1227/C presently posted at Trimin Check-post, on oath, Stated that on 12-6-2016 I was posted at P.S Saddar Taunsa Sharif, On the same day, I along with Wajid Ali $.L. and Tariq Mehmood. 382/C were present at police station. Khalil Ahmad accused present in the court was interrogated, who disclosed in our presence that he can get recover pistol 30-bore weapon of offence. Then , LO. and Tariq Mehmood along with accused proceeded to Basti Sokar where Khalil Ahmad, accused led us to westem room of his residential house and gov recovered ‘ol 30-bore P.4 from an iron box. On un-loading the same, three live bullets P, 5/1-3 were recovered from the said pistol. 1.0. prepared sealed parcel and then took the same into possession vide recovery memo Ex.P.K attested by me and Tariq Mehmood Constable. 1.0. prepared a separate complaint under Arms Ordinance 1965and rough site plan of place of recovery of pistol, who also recorded my statement under section 161 Cr.P.C. XXXXX By Mr, Mazhar Zahoor Ahmad Advoate leamed defence Counsel. (Reserved) RO&AC. 07-4.2017.86 PW.12, Mureed Hussain 1227/C recalled and reaffirmed on oath. XXXXX By Mr. Mazhar Zahoor Ahmad Khan Advocate Learned defence counsel. We proceeded towards place of recovery at 20! clock. We did not stop on the way till reaching the place of recovery, Solkar is a big living Abadi. In this Basti, there is office of Union Council, B.H.U, High Schools of girls and boys. The house of accused is situated out-side the main Abadi of Basti Sckar. Muhammad ‘Tariq 382/C, Ghulam Abbas 1308 and Wajid Hussain S.1. were accompanying me for recovery. T was holding the chain of handouffs of accused. The place of occurrence is about 20/25 k.ms. away from police station. We reached at the place of occurrence at 2.30 P.M. At Present I have no wrist watch, On the said day I noted the time from my mobile phone, I do not remember whether I sated to LO. in my statement that I noted the time from my mobile phone. We parked the vehicle towards “easter side of house of recovery near the door of house. The doot of said house was towards south. When we reached at the place of recovery, no person of locality met us. On westem side of place of recovery was open plot but I do not know to whom this plot belonged. On the southern side of said house of recovery mountain water channel is situated, On northem side, the house of Ramzan Malghani is situated. On easter side, there was a plot, ‘but I do not know to whom the said plot is owned. I do not know that who told us that the house situated on northem side belong to Ramzan. Khalil accused himself asked about observing parda, We waited for twolthree minutes at the door so that parda be observed. When accused told us that parda has been observed, we entered in the house. We had not noticed Presence of any person after parda. The house of accused comprised of two8? _PW.12. The State, Vs. ‘Khaleel Ahmad. page.3, FIR No.127/2016,U/S: 302 PPC, rooms, their doors were towards south. The doors of said rooms were in cxosed position. The room from which recovery was effected was chained from out-side and I do not know whether the door’ of other rooms was chained or not. ‘The said room from where recovery was effected was not locked. I do not know that what articles were in the said room. The pistol was recovered from an iron box lying on the grounds towards western side of the room. Whether the said room was having any window. The iron box was not in locked position. The pistol was lying under the clothes in the iron box. We remained for half hour in the said room in standing position, During this period, no other person from the house of locality attracted over there. The official daala upon which we reached at place of occurrence was Griven by driver Asim Bilal Constable who remained out side the house slong with official deala at the time of recovery proceedings. The LO. had prepared one parcel of pistol, Volunteer stated that he also prepared another parcel, but I do not remember about the number of live bullets. I do not remember who had firstly signed the recovery memo. I do not remember that whether LO. had signed the recovery memo before our signing or after our signing, We proceeded for place of recovery on 12-6-2016. I do no know ‘hat the LO. had noted down the surrounding place of place of recovery and their directions n the recovery memo. I do not remember whether any site plan of place of recovery was prepared, 1.0. firstly prepared parcels, then Yecovery memo, prepared complaint and site plan. He obtained our signatures on recovery memo. Muhammad Tariq constable is stillae PW.12. The State Vs. Khaleel Ahmad. page.4, FIR No.127/2016,U/S: 302 PPC, alive, It is incorrect to suggest that we had not proceeded to the place of Tecovery. Its incomect to suggest that we planted the recovery while sitting at police station. It is incorrect to suggest that no recovery was effected in BY Presence, It is also incorrect to suggest that I have. not witnessed any recovery proceedings. It is incorrect to suggest that I have deposed falsely. RO.&AC. arAyan 27-5-2017. Addl. Sessions Judge, Taunsa Sharif.4 ai, State, Vs. Khalil Ahmad, Statement of Syed Muhammad Asif Javed learned ADPP Without oath, On the instruction of learned counsel for the complaiannt, I give up PWs Abdul Mateen and Imran being un-necessary, tender in evidence reports of PFSA Fue P-L and Ex.P.M and close the case for prosecuiton. fy 0, & A.C. 7-5-2017. pesfions Judge Fe Map ‘Taunsd Sharié. " >ge _ The State, Vs. Khaleel, FIR No.127/2016,U/S: 302 PPC, Police Station: Saddar Taunsa Sharif. cw. ‘Usama Zeshan Rescue Safety Officer, Rescue-1122, Taunsa Sharif. On oath, Stated that on 30--2016 at about 6.24 A.M. our control room received a mobile call from Cell No. 0348-8525584, After necessary inquiry from the caller who disclosed his name as Gul Muhammad and he stated that & fire arm injury case has happened and he called for rescue, Our vehicle ‘long with officials reached over there. When our staff reached over there, the injured had already succumbed to the injury but for proper declaration. about his expiry, under our protocol death is to be confirmed fom authorized doctor, we on the request of attendants of the dead body shifted it ‘e hospital, All our activity of rescue is pen down ia E.C. Form (Emergency response form). I tender the copy of B.C, Form Ex.CW.1/1 duly signed b: ‘me (under objection by learned counsel for complainant as the same is the copy of carbon copy) and carbon copy of original is present in our record and brought in the court today which is signed by me, I also tender brief report Ex.CW.1/2 (under objection of leamed counsel for complainant) Tegarding this incident which is to be provided to concemed person under the order of Magistrate. Note: (At the stage of cross-examination a controversy arise that which party firstly cross-examine this witness. The learned counsel on behalf of accused submitted that being court witness, the complainant will firstly cross-examine and thereafter the accused will avail the opportunity. While it has been submitted on behalf of complainant counsel that since the witness has been called on the applications of accused, therefore, the accused will firstly cross-examine and thereafter the complainant will avail the ‘opportunity,