| Citation(s) |
|---|
| 2010 SLG 2712 2010 SLD 2712 2010 SCMR 660 |
Supreme Court of Pakistan
Criminal Appeals Nos.860 and 861 of 2006, decision dated:1st October, 2009
KHALIL-UR-REHMAN RAMDAY, NASIR-UL-MULK AND ANWAR ZAHEER, JAMALI, JJ
Criminal Appeals Nos.860 and 861 of 2006, decision dated:1st October, 2009
KHALIL-UR-REHMAN RAMDAY, NASIR-UL-MULK AND ANWAR ZAHEER, JAMALI, JJ
MUHAMMAD AHMAD (MAHMOOD AHMED) and anotherVs.THE STATE
Law:
Section:
KHALIL-UR-REHMAN RAMDAY, J.--- In the occurrence which is the subjectmatter of these appeals, filed through leave of this Court, eight persons were murdered while two others had also been assaulted who had received fire-arm injuries but had survived. Ten persons, accused of the commission of the said crime, were found guilty of the same and were punished with death under section 302(b) of the P.P.C. read with section 149 of the said Code, on eight counts, besides imposition of some other punishments under section 148, P.P.C. and section 324/149 of the Pakistan Penal Code. 2. It is admitted on all sides that the episode commenced at about 5-00 a.m. on 9-1- 1997 when Fida Hussain, Inspector and Ahmed Ali, S.-I. P.W.22 raided village Mir Muhammad and arrested eight persons of the complainant party out of whom six are the deceased persons of the present case while two others, namely, Ghulam Nabi complainant P.W.9 and Master Asghar P.W.8 are the injured witnesses of the said occurrence. Five persons of the present convict party and four others, apparently not connected with these two parties, out of whom Khizar and Asim also got killed in the present occurrence, were also arrested. The said arrests of these persons and of some others had been made under section 107 read with section 151 of the Cr.P.C., allegedly on account of apprehension of breach of peace on their part. It may be mentioned here that one Abdul Rehman, who was a brother of Ayyaz and Pervaiz convict-appellants before us, had been murdered on 23-9-1996 i.e. about four months prior to the present occurrence with respect to which murder the said Ayyaz appellant had lodged an F.I.R. accusing Akbar deceased and Abdullah deceased of the present case and some others of the complainant-party, of the commission of the said murder which had led to the tension between the parties and the said apprehensions. All these persons arrested in pursuance of the said preventive proceedings, were taken to Police Station Raja Jang. It was the prosecution case that a brother of the above-mentioned Ayyaz and Pervaiz appellants, namely, Khalid Bhatti and one Hafeez Ahmed came to the Police Station at about 7-30…