MANZOOR HUSSAIN Versus THE STATE
This judgment will dispose of Criminal Appeal No.21 of 2003 directed against the judgment dated 12-11-2002 passed by Special Judge, Anti-Terrorism Court No.IV, Lahore, whereby he convicted the appellant Manzoor Hussain under section 337-A(i) and 337-A(ii), P.P.C. and is sentenced to undergo 2 years' R.I. while Tariq Mehmood appellant was convicted under section 325, P.P.C. and was sentenced of undergo one year S.-I. Both the appellant were also convicted under section 7(h) of ATA, 1997 and were sentenced to undergo 5 years R.I. each with fine of Rs.50,000 each of in default one month S.-I. All the sentences were ordered to run concurrently with benefit of section 382-B, Cr.P.C.
2. The brief facts of the case as narrated in the F.I.R. by the Muhammad Amin A.S.-I. are that on 16-4-2002 he alongwith 8 constables and a Razakar reached Shahdab Colony for the arrest of Police Officer Manzoor Ahmad with whom Lalu son of Nathay Khan was also present. On their attempt to arrest the P.O. they both started accusing the police party and Manzoor Ahmad tried to stab Nadeem Akhtar constable with khanjar in his stomach as a result of which he sustained injury on the middle finger of his right hand and the other persons Lalu started brick bating to police party as a result of which police Qaumi Razakar Shab-e-Qadr sustained injuries on his forehead and head, Ghulam Haider sustained injuries on his right shoulder and right arm while Muhammad Javed constable received a brick on his left hand. In the meanwhile Manzoor Ahmad started striking his head with the wall and Lalu struck his head with bricks and also cut his throat with a blade as a result of which they both of them also got injured. Both the accused were apprehended with their respective weapons at the spot.
3. After the occurrence the police completed all the necessary formalities. Thereafter Saeed Akbar A.S.-I. proceeded to the spot. He inspected the place of occurrence and prepared the rough site plan Exh.P.Q. He formally made their arrest on the same day. He sent the accused behind the bars after getting their medical examination. Ultimately the accused were challaned and were sent to judicial lock up to face the trial.
4. The prosecution in order to prove its case has produced as many as 7 witnesses including Doctor Investigating Officer, eye-witnesses and other relevant person. After giving up Shab-e-Qadr P. W. learned P. P. closed the prosecution evidence. Thereafter statements of the accused were recorded under section 342, Cr.P.C. in which they pleaded their innocence. The accused also produced three D. Ws. in their defence. The learned trial Court after going through the record and hearing the arguments advanced by both the parties convicted and sentenced the appellants as mentioned above. Hence this appeal.
5. Learned counsel for the appellants in support of this Appeal submits that case against the appellants is totally false, that in fact the local police had physically tortured both the appellants and there were numerous injuries on the bodies of the appellants and in order to conceal their evil design the police had falsely implicated the appellants in this case, that no public witness has been produced by the prosecution, that prosecution has failed to prove the case against the appellants. Adds that story given in the F.I.R. is unnatural and improbable.
6. On the other hand learned counsel for the State submits that there is lot of differences between the injury statement prepared by the police and the injuries which the appellants have received actually, that no proceedings under section 87/88, Cr.P.C. were produced by the prosecution to prove the motive in this case.
7. I have heard the learned counsel for the parties and also have gone through the relevant papers in order to reach at a just conclusion. According to the F.I.R. which was lodged by Muhammad Amin A.S.-I., Police Station Nishtar Colony, Lahore. Appellant No.1 Manzoor Ahmad was required in a case registered under section 337 P.P.C. and he was Police Officer. When the police went to arrest him he alongwith Tariq Mahmood to other appellant resisted the police party and threw bricks bats on police party and injured Shab-e-Qadr, Qaumi Razakar, Ghulam Haider, P.C., Muhammad Javaid, F.C. and Nadeem Akhtar while according to the F.I.R. both the appellants injured themselves by giving bricks bats on their body and also while striking their heads with the wall. One of the appellant namely Tariq Mahmood according to the F.I.R., tried to cur his throat through a blade. I have gone through the medical report and the statement of the Doctor who had medically examined Qaumi Razakar, F.Cs. and the appellants. The occurrence had taken place on 16-4-2002, complaint in this regard was lodged at 5-45 p.m. and the formal F.I.R. was lodged at 6-15 p.m. on the same day. All the police officials including Qaumi Razakar were examined on 17-4-2002 at 12-05 a.m. i.e. between the night of 16-4-2002 and 17-4-2002 while two applications were submitted by Saeed Akbar A.S.-I. on 17-4-2002 to the Medical Officer Police Dispensary Neela Gunbad Lahore which are pages 11 and 13 of the Judicial file and had been marked by me as 'A' and 'B' respectively. Accordingly to the mark 'A' the number of injuries given on the person of the injured in the injury statement is 5 while in all only four injuries were mentioned according to this mark 'A' and the same were presented to the said Doctor on 17-4-2002 who wrote as under:-
"Refer to Special Medical Board. Please report in this office on 20-4-2002 at 10 a.m. for Medical Board."
That mark 'B' is the injury statement of Tariq Mahmood Saeed Akbar A.S.-I. has mentioned only three injuries, though, application was also referred to the Medical Board but no Medical Board was constituted, neither any medical examination of both the appellants was conducted. However, on 18-4-2002, both the appellants were medially examined by Dr. Abaidullah at 6-30 p.m. He found 11 injuries on the person of Tariq Mahmood and some of them were multiple healing contusion. These injuries were on the different parts of the body of Tariq Mahmood. His medical report is Exh.P.N. Some of the injuries are on head, shoulder, right elbow, right foot, left foot and right heal sole. All the injuries show that appellants were victim of police torture. Then Manzoor Ahmad appellant was examined on 18-4-2002 at 6-15 p.m. His medical report is Exh. P. P There are 16 injuries on his person, some of them are on head, elbow, right chest, right lumbering region, right and left chest, right and left buttock, sole of right and left foot and this medical examination of both the appellants took place on the order of Rai Muhammad Nawaz Khan Judicial Magistrate section 30. These injuries also show that appellant Manzoor Ahmad was physically tortured in a very brutal manner by the police and the police m order to conceal their ugly and evil design and to save themselves from the law got this false case registered against the appellants. It is unbelievable that in presence of so many police officials one of the appellants would try to cut his throat with the blade. The injuries of both these appellants show that those were not self-inflicted as has been mentioned by Muhammad Amin A.S.-I. in the F.I.R. These all injuries show and prove beyond any shadow of doubt that these were caused by the police during police torture. Appellants had also produced three D. Ws. before the learned trial Court. A real brother of Manzoor Ahmad appellant also filed a petition before the learned Sessions Judge which was marked to the learned Additional Sessions Judge for the registration of a case but too late, although, the same was dismissed. The revision petition was filed before this Court on which a direction was given to police to record the version of the appellants and if a cognizable offence is made out then the needful should be done but unfortunately nothing has been done till today. Even contempt application is also pending before this Court which is Criminal Org. No.125 of 2002 in which report and parawise comments have been called by this Court.
9. No F.I. R. was produced by the prosecution to prove that the appellant No.1 was involved in any case earlier and also no proceedings under sections 87/88, Cr.P.C. was also produced by the prosecution to prove that the appellant No.1 was P.O. in some case. As far as injuries on the person of Qaumi Razakar and F.Cs. are concerned, these are not of serious nature and it could be, result of scuffle or caused by friendly hands.
10. After having heard the learned counsel for the parties and going through the record, I am of the view that prosecution has miserably failed to establish its case against the appellants and in fact the police in order to suppress the injuries of the appellants which they had given them in the P.S. during torture this false case has been concocted and fabricated against the present appellants. In this view of the matter, this appeal is accepted and the conviction and sentence is set aside. The appellants are behind the bars, they shall be released forthwith if they are not required in any other case.
11. Let a copy of this order be sent to I.G. Punjab, D.I.G. Lahore and District Police Officer concerned for taking legal action against Muhammad Amin A.S.-I. and other police officials whose names have, been mentioned as witnesses and report, in this regard shall be submitted by District Police Officer within two months to the D.R. (Judicial) of this Court who shall submit the same before this Court. The report would also indicate that what legal action has been taken against the complainant and the other police officials with these observation this appeal stands disposed of.
N.H.Q./M-1806/L Appeal accepted.