IIUI Moot Court Competition 2019 – IIUI ‘19

Moot Compromis

Muhammad Ghufran v. The State

Muhammad Maaz S/O Muhammad Iftikhar is a student of engineering diploma at UET, Taxilla.
During the term-break, he decided to visit his parents and relatives in Islamabad. Upon sharing his
plans with his friends, two of his close friends: Muhammad Saqib and Inam, decided to go with
him as they have always wanted to see Rawal Dam, Shakarparian and Faisal Mosque near
Islamabad. After arriving at home, Maaz was informed by his family that his father has gone to
visit the family farmlands located in the outskirts of Islamabad and would be returning home
around 6 in the evening. In order to surprise his father, Maaz made a plan with his friends to roam
around the house in the evening and hug him as soon as he comes in the vicinity of the house. Both
the friends were in agreement with Maaz. Around 6 P.M. in the evening, Maaz and his friends
came outside their house and started waiting for Muhammad Iftikhar to appear. There were
numerous people in the street as everyone was returning to their homes after working at their
respective workplaces. Soon, they saw Muhammad Iftikhar on the street, walking towards his
house. In the meantime, Muhammad Ghufran appeared on the street, riding a motorcycle and
stopped right next to Muhammad Iftikhar. He pulled out his pistol, shot
twice at Muhammad Iftikhar and decamped from the spot, brandishing his pistol, as soon as
Muhammad Iftikhar fell on the ground. Maaz and his friends attended Muhammad Iftikhar who
was shot on his right flank and belly. Muhammad Iftikhar was a patient of “enlarged spleen” and
therefore, was vulnerable if shot near belly. He was rushed to the hospital by Maaz and his friends
however, was pronounced dead upon arrival.
An FIR was registered by Maaz against Muhammad Ghufran under S. 302 of Pakistan Penal Code
(PPC) and Muhammad Saqib and Inam were the said witnesses. Subsequently, Muhammad
Ghufran was arrested and during the investigation, it was revealed that there existed a family feud
between the family of Muhammad Iftikhar and Muhammad Ghufran over a piece was land in the
outskirts of Islamabad and therefore, arguments between the two were a common occurring.
Furthermore, Muhammad Ghufran presented his medical reports according to which he was
diagnosed with a Persistent Depressive Disorder and had to visit a psychiatrist on regular basis
along with the prescribed medicines. After the investigation concluded, Muhammad Ghufran was
presented in the Court of area Magistrate who forwarded the case to the Sessions Court for trial.
At the Sessions Court, Muhammad Ghufran pleaded not guilty and claimed for a trial. In the
Sessions Court, Prosecution presented four (4) witnesses and their statements can be found in the
Annexures attached herewith. Interestingly, Muhammad Saqib was not presented by the
Prosecution as a witness to the case for the reasons kept unknown however his name was registered
as the witness on the FIR. Furthermore, at the time of Court Proceedings, the investigation officer
was on a Suspension Order by the Police Department due to an on-going investigation in another
case, on charges of corruption and extra-judicial killing of innocent civilian. After the trial,
Muhammad Ghufran was convicted for committing “Qatl-i-Amd” and was awarded a sentence of
life imprisonment. The decision was appealed in the High Court however High Court affirmed the
decision of the Sessions Court and revised the sentence to death sentence.
The defense has now appealed to the Supreme Court of Pakistan under its Appellate Jurisdiction
of Article 185 of The Constitution of the Islamic Republic of Pakistan, 1973, on the following
grounds that:

1. The investigation of the crime scene conducted by the Police Officer is inadmissible,
2. The Prosecution failed to satisfy the requirements of Qatl-i-Amd beyond reasonable
doubt, and
3. The Sessions Court and, subsequently, High Court failed to take into account “Persistent
Depressive Disorder” of Muhammad Ghufran.

Note: For the purposes of IIUI-MCC ’19, it is to be presumed that the appeal is maintainable
before the Supreme Court of Pakistan and therefore, the counsels for both sides are not
expected to raise objections about the maintainability of the Appeal.
 Annexures
Prosecution Witness - 1
STATEMENT OF MUHAMMAD MAAZ S/O MUHAMMAD IFTIKHAR
(COMPLAINANT) on oath:
I am the student of Engineering of UET Taxilla. On 18-07-2017 at about 6 P.M., I along with Inam
and Muhammad Saqib were present outside our residential House. In our view, my father
Muhammad Iftikhar was coming back to home from Agricultural Land. Meanwhile, accused
Muhammad Ghufran present in the court came on Motorcycle and he pulled out the pistol 30 bore
from his Naifa and made fire shots from of pistol which hit my father on his back and right side of
his chest. Consequently, my father was died. There were only three persons present at the place of
occurrence besides the deceased and accused. There was no other person present at the time of
occurrence. I was aware of the family feud between the two families and Muhammad Ghufran shot
my father in his right state of mind.

Prosecution Witness - 2
STATEMENT OF INAM S/O AZIZ UR REHMAN on oath:
On 18-07-2017 at about 06.00 PM, I along with my friends namely Muhammad Maaz
and Muhammad Saqib were present outside Maaz’s residential House. In our view, Muhammad
Iftikhar (deceased) was coming back to home from Agricultural Land. Meanwhile,
accused Muhammad Ghufran present in the court came on Motorcycle and put off the pistol
30 bore from his Naifa and made fire shots from of pistol, which hit Maaz’s father on his
back and on right side of his chest. Consequently, he died. After that, the police investigated
the matter and I also the witnessed of the recovery of blood from the crime scene, empty
bullet and weapon of offence. I also signed the recovery memos. I was not aware of the
family feud between the two families and Muhammad Ghufran seemed to be operating in his
right state of mind at the time of murder. There were a few people present at both, time of the
murder and time of recording of evidence at the crime scene.

Prosecution Witness – 3
STATEMENT OF MUHAMMAD WAQAS (SI-INVESTIGATION OFFICER) On Oath:
On 18-07-2017 I was post at P/S Kashmir Chowk. On the same day, I was present at Kashmir
Chowk, where Muhammad Maaz, complainant, recorded his statement Exh.P-G before me. I, after
recording his statement, sent the same through Muhammad Haider 1725/C to the police station for
registration of case. Then I proceeded to the place of occurrence where I interrogated as many as
21 persons of the locality, prepared site plan of place of occurrence. I also took into possession of
blood at the crime scene, empty shells of 30 bores. On 27-07-2017 I arrested accused Ghufran
present at this court, during investigation we also recovered a 30 bore pistol which I took into my
possession. I also recorded the statement of witnesses. I visited the place of occurrence many times
but I cannot tell the exact number of visits. After the completion of investigation I put the file
before SHO for the repression of challan. I am currently suspended from the Police Department as
there is an internal investigation going on against me for the charges of corruption and extra-
judicial killing of an innocent civilian. However, the charges are false and I am hopeful that the
investigative committee will find me innocent.

Prosecution Witness - 4
STATEMENT OF DR. ABDUL BASIT on Oath:

On 18-07-2017 I was posted as MO RHC Islamabad. On the same day, Mohammad Ramzan
6179-C brought the dead-body of Mohammad Iftikhar along-with police papers, injury statement
cum request for post mortem examination Ex.P.0 and inquest report Ex.P.D. I conducted the post
mortem examination for dead-body at 1.00 AM on the next day at DHQ Hospital, Islamabad. The
deceased sustained firearm injuries chest was full of blood, two bullets were received in a glass
bottle and handed over to police for further necessary actions. The deceased was a patient of the
enlarged spleen and was shot close to the area of vulnerability. The accused, Muhammad Ghufran,
has presented his medicines, which are generally prescribed to patients suffering serious mental
disorders however it cannot be said with surety if Muhammad Ghufran is a patient of Persistent
Depressive Disorder in particular.