Lahore: LHC sets aside death sentence of Allahyar aka Yaru
LAHORE: A division bench of the Lahore High Court (LHC) on Tuesday set aside death sentence of Allahyar alias Yaru, accused of killing four people and injuring two in a police lock-up. An anti–terrorism court had sentenced Yaru to death on four counts and had fined him Rs 400,000 for killing Zulfiqar, Mukhtar, Muhammad Anwar and Muhammad Ali, while injuring Muhammad Sharif and Shahbaz. According to the prosecution, Khawar Salim Warraich, Muhammad Tahir, Faisal Ghumman and others, wearing police uniforms, attacked Katrana Police Station in Sargodha and killed four accused of murder in the police lock-up. Yaru’s counsel Aftab Ahmad Bajwa pleaded that Yaru was not a nominated accused in the first information report (FIR) and the complainant did not name him in his supplementary statement.
He said that an identification parade of the appellant was conducted two years after the incident, which cast serious doubts on Yaru’s involvement in the case. Bajwa further argued that as per the prosecution story, the accused were masked so the identification parade had no legal affect. He pointed out that a Sargodha superintendent of police had also declared the appellant as innocent before the trial court and was falsely implicated in the case. The counsel argued that the court, on the same pretext, also freed the nominated accused of the case. Law officer Khawaja Adnan told the court that the complainant had reached a compromise with the main accused and the complainant was found giving different statements. While setting aside the death sentence of the appellant, the bench comprising Justice Najamuz Zaman and Justice Rana Zahid Mehmood observed that an accused couldn’t be punished without any cogent evidence.