MUHAMMAD YAQOOB Versus THE STATE

ORDER

1. MUHAMMAD HALEEM, C.J.‑‑The case out of which these petitions arise, Ghulam Shabbir Kalyar, S.P. , Sanghar, Imdadullah Unar, Deputy Commissioner Sanghar, Shah Nawaz Junejo, Muhammad Hassan Junejo, Ch. Muhammad Yaqoob, S.H.O.. Sanghar, Shah Muhammad, A.S.I., Sanghar, Abdul Ghafoor. H.C., Sanghar, Muhammad Aslam, Noor Muhammad, ~Muhammad Munir. Constables of the said Police Station, Mir Muhammad Khan Lashari, Ghulam Qasim and Dr. Muhammad Afzal were tried for the murders of Mehrab Khan Sanjrani, Umaid Ali Sanjrani, Jan Muhammad Sanjrani, Ali Sher Shah, Hamzo Bhanejo and Allahdad alias nadan. Jam Sadiq Ali and Lal Khan are absconders, while Sobo. Muhammad Yousuf and Ali Nawaz, who were all involved in the case, of murder died before the trial commenced.

2. The trial Court acquitted Shah Nawaz Junejo, Muhammad Hassan Junejo and Dr. Muhammad Afzal. The appeals filed by the State against their acquittal were not pressed and dismissed by the High Court.

3. Of those tried, Ghulam Shabbir Kalyar, Imdadullah Unar and Ghulam Qasim were convicted under section 302 read with section 109, P.P.C. and each sentenced to death and also to pay fines. Ch. Muhammad Yaqoob, Shah Muhammad, Abdul Ghafoor, Muhammad Aslam, Noor Muhammad and Muhammad Munir were convicted under section 302 read with section 34, P.P.C. and each of them was sentenced to death and to pay fines Ch Muhammad Yaqoob was further convicted under section‑, 201 and 218, P.P.C. for which offences he was ordered to suffer rigorous imprisonment for two years and three years respectively. Mir Muhammad Khan Lashari was only convicted under section 218, P.P. C. and sentenced to suffer rigorous imprisonment for two years. Ghulam Shabbir Kalyar and Imdadullah Unar absconded from the stage of the arguments, but a conviction was recorded in their absence by the trial Court.

4. It appears that one Ali. Bux Junejo, a Khalifa of Pir Pagara had changed his loyalty and became a partyman of Jam Sadiq Ali. He was murdered on 5th of October, 1973, and for his murder a number of disciples of Pir Pagara were rounded up for interrogation. The deceased, who were involved in the Goonda Act cases, it was alleged, appeared before the Deputy Commissioner, Sanghar, on 6th of October, 1973, and from there they were decoyed from the Court of the District Magistrate to the Police Station, Sanghar, where they were taken out and given a good beating, as a result of which two of them namely Mehrab Khan and Allahdad alias Dadan suffered fractures at hip bone and collar bone while Umaid Ali Sanjrani was in a precarious condition, and at mid night they were taken in a van to a place near Kanan Mori where they were shot dead by Ch. Muhammad Yaqoob, SHO, and the constables alongwith them who were charged for their murders. It was further alleged that the Superintendent of Police, Deputy Superintendent of Police and Jam Sadiq Ali followed the van while the two other acquitted accused namely Shah Nawaz Junejo and Muhammad Hassan Junejo also followed them in a separate jeep and a story of encounter was concocted. All this, it is said, happened at the behest of Jam Sadiq Ali.

5. There is evidence to the effect that the files were manipulated to show that the deceased had absconded and that warrants had been issued for their arrest, and it was, therefore, that while in the act of apprehending them there was an encounter. However, no bullet B injury was noticed on any of the persons who were involved in killing them except for minor injuries on the approver and one Ali Nawaz Constable with blunt weapons and who died before the commencement of the trial. The approver had an injury on the tip of his ear while Ali Nawaa on his finger.

6. The learned counsel for the convicts‑petitioners has seriously challenged the credibility of the witnesses, who had seen the deceased being taken away from the Court to the Police Station and those who saw them at the Police Station being taken out for being beaten. He C also attacked the veracity of the approver and contended that his statement was not consistent and that it was not corroborated by any independent evidence. He also attacked the evidence of the witnesses who had deposed to the manipulation of the files and the issuance of warrants for execution against the deceased.

7. The State has appealed against the acquittal of Ghulam Shabbir Kalyar arld Imdadullah Unar, and the learned counsel for the State has contended that the High Court has acquitted them for reasons which are inadequate. A petition has been filed by the complainant against Mir Muhammad Khan Lashari, who was acquitted by the High Court, but he has not appeared today to press it. Accordingly, it is dismissed for non‑prosecution. But as regards the others, the evidence requires reappraisal consistent with the principles of safe dispensation of justice.

8. Accordingly, we would grant leave to appeal to the petitioners in all the petitions except 20‑K of 1984.

9. Non‑bailable warrants to issue without limit of time for the arrest of Ghulam Shabbir Kalyar and Imdadulish Unar returnable to the District Magistrate, Sanghar. The record of the case should be l prepared out of turn and on its completion the case should be listed for hearing at an early date.

10. M. B. A./M‑409/S Leave granted.