IN THE COURT OF M.

SHIRAZ KAYANI,
SESSIONS JUDGE, ATTOCK.

Sessions Case No.03 of 25.02.2019

The State … ... … … … .. .. … (Prosecutor)

Versus

1. Naseer Ahmad son of Muhammad Ashraf Caste Awan, aged 28-

Years, resident of Bank Wali Gali, village Sheen Bagh, Tehsil &
District Attock.
2. Yasir Iqbal son of Ghulam Khan, Caste Awan, aged 45-years
resident of village Rangli Tehsil Jand, District Attock.
(Accused)

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Case FIR No. 165
Date: 31.08.2018
Offence(s) u/Sec(s): 302/34 PPC
Police Station Saddar Attock
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Presence
Accused by: Syed Amir Hasnain, Advocate
Complainant Mr. Umar Farooq ADPP
through State
Date of hearing 25.04.2019

JUDGMENT
24.04.2019

1. Complainant Pervez Akhtar son of Muhammad Ashraf

resident of Mohallah Sikandar Abad, Sheen Bagh Tehsil & District
Attock lodged his complaint before Asif Khan SI/HIU Saddar Circle
Attock, wherein he has alleged that his younger brother Irfan Ahmad
used to ply Rickshaw of one Faizan Ali and on 30.08.2018, in the
early morning he went out from the house while taking his Rickshaw
for earning his livelihood and came back in the evening from where
again after prayer of Isha went out with his Rickshaw but did not
come back till 11:30 pm (night), when at that time, complainant had
received an information that the dead body of his brother Irfan
Ahmad found lying at 5th mile bun wala stop within the area of
Garyala road. After receiving the said information complainant took
his brother Mumraiz and other relatives, reached at the spot and saw
the dead body of his brother Irfan found lying smeared in blood
 State Vs. Naseer Ahmad Etc. 2
Judgment

whereas his Rickshaw was standing nearby. His brother Irfan was
murdered by unknown culprit(s) for the unknown reasons.
Accordingly, his complaint/statement was recorded by said police
officer, who reached over there along with police party after receiving
the information about the incident and accordingly the same was
sent to the police station in the hands of Faheem Ahmad 1390/HC,
over which the formal FIR was chalked out by Azhar Iqbal T/ASI and
the investigation was entrusted to said Asif Khan SI.
2. After registration of the case in hand against unknown
persons, I.O of the case took the dead body into his custody,
prepared the injury statement/application for post-mortem, inquest
report and sent the dead body to the mortuary of DHQ Hospital
Attock under the escort of police having duly identified by
Muhammad Kamran son of Sher Khan and Amjad Ali son of
Muhammad Safdar. The autopsy was conducted by Dr. Irfan Ali Raza
found the death of the deceased was caused by firearm weapon. The
dead body of deceased after the autopsy was handed over to the legal
heirs and I.O proceeded with the investigation to trace out the
culprit(s) but in the meanwhile Muhammad Asif SI/IO found
transferred and the investigation of case in hand taken up by Azmat
Hayat SI on 13.12.2018, who was also carried out investigation of
another murder case registered vide FIR No.273 dated 26.08.2018, in
offence u/sec. 302/34 PPC, registered at P.S City Attock, in which he
had already arrested accused Naseer Ahmad and was under his
investigation from where the said SI Azmat Hayat I.O had also
implicated both the above said accused claiming to be involved in
this case on the basis of disclosure of accused Naseer Ahmad.
3. Needless to say that after implication of both the said
accused in this case, accused Naseer Ahmad was enlarged on his
post arrest bail by this Court whereas accused Yasir Iqbal
approached this Court through his petition u/sec. 498 Cr. PC, which
was allowed by this Court.
4. Thereafter their challan in hand has been sent up in
which accused Naseer was summoned whereas accused Yasir has
put his appearance having been on ad-interim.
5. Both the accused sought their acquittal while moving their
applications u/sec. 265-K of Cr. PC over which notice to state as well
 State Vs. Naseer Ahmad Etc. 3
Judgment

as complainant given. Complainant of the case despite of service of

notices did not turn up. Accordingly I heard the arguments of learned
defence counsel as well as learned ADPP for State
6. Admittedly, it was an unseen occurrence. Complainant
and all other PWs i.e. relative of deceased were went at the spot after
receipt of information about the incident in hand as is apparent from
the complaint/FIR. Complainant very out rightly, lodged his report
against unknown culprit(s). Both the said accused unfortunately,
were implicated in this case by Azmat Hayat SI/IO of this case, on
the basis of a disclosure of accused Naseer Ahmad who was already
arrested by said SI in another case FIR No.273 dated 26.08.2018 in
offence u/sec. 302/34 PPC registered with P.S City which was also
under the investigation of the same SI.
7. Strangingly, the learned Prosecutor while carrying out
scrutiny of challan has generated his case assessment form part-B
under column 4 mentioned that the evidence against the accused
Naseer Ahmad is very weak whereas the only evidence against him is
a pointation memo of place of occurrence. The accused is involved in
another murder case and common intention of the accused will be
proved subject to deposition of PWs and then in the same column
had opined that case qualify evidential test and it is in the interest of
public and justice, the incomplete challan is forwarded to Court for
trial. In such like state of affair, when the whole file with this scrutiny
note put to the learned ADPP to trace out any incriminating or direct
or indirect material which could connect the accused persons prima-
facie with the commission of crime in hand. The learned ADPP
candidly conceded that there is no such material available with the
prosecution at present till today, according to the challan sent up,
which even be made a sufficient material to put the charge against
the accused and what to say about its trial.
8. It is very panic for me that both investigating officer as
well as the learned Public Prosecutor had sent up the accused with
such NIL material while involving them in a murder case which is
heinous in nature. Furthermore, I tried my level best to trace out any
such incriminating material, collected during investigation but no
such material qua the commission of offence by accused as such
found whereas what it has been transpired that the deceased had
 State Vs. Naseer Ahmad Etc. 4
Judgment

previously been found involved and challaned in numbers of murder

cases, in which he had been acquitted all the time having no evidence
against him and it is own stance of complainant which he made
before the I.O on 18.09.2018, that his deceased brother Irfan Ahmad
alias Jeena might had been murdered due to previous murder enmity
by some one which fact can be verified from Inspector retired
Muhammad Khan, who during his service in police at Attock had
challaned the deceased in number of cases. The said former
Inspector Muhammad Khan was also joined into investigation on
19.10.2018, who had disclosed the peculiar and chequered criminal
antecedents of deceased, which are very much alarming and cannot
be discussed here as now he is no more on earth. Therefore, it can
safely be concluded that possibility of commission of murder of
deceased by someone unknown due to previous enmity cannot be
ruled out.
9. As far as the present accused is concerned, there is
nothing on record which could even suggest their previous enmities
with deceased. It is, unequivocally, held that prosecution has
miserably failed to collect any material which even could be
considered sufficient to proceed against them u/sec. 265-D Cr. PC.
Therefore, what has been discussed above, both the accused namely,
Naseer Ahmad and Yasir Iqbal are acquitted from the case in hand
while invoking my jurisdiction u/sec. 265-K Cr. PC. Both are present
in Court on bail. Their bail bonds are discharged. Copy of this
judgment be also sent to District Public Prosecutor, Attock, u/sec.
373 of Cr. PC. File shall be consigned to the record room, after its
due completion.

Pronounced in open Court M. Shiraz Kayani

25.04.2019 Sessions Judge
Attock
It is certified that this judgment consists of four (04) pages,
those have been dictated, read, corrected and signed by me.

DATED: 25.04.2019 Sessions Judge

Attock