1. Manzoor Ahmad Malik, J.--This judgment shall dispose' of Criminal Appeal No, 20-J/2003 filed on behalf of all the four appellants, namely, (i) Sarfraz, (ii) NadeemDeema, (iii) Muhammad Yousaf Ashi and (iv) Javaid Riaz and Capital Sentence Reference No, 76-T/2007 sent by the learned trial Court for confirmation or otherwise of the sentence of death awarded to the appellants, as they arise out of the same judgment dated 16.5.2002 passed by the learned Judge, Anti-Terrorism Court No, 1, Lahore, whereby, all the above said appellants were respectively convicted under Section 460 PPC and sentenced to imprisonment for life each. They were further convicted under sections 302(b)/34 PPC and sentenced to death on six counts each for the Q atle-Amd of six deceased persons, namely, (i) Shafiqa Begum, (ii) Maqbool Ahmad, (iii) Tamoor Ahmad, (iv) Haroon, (v)
2. Qaratul Ain @ Ayni and (vi) Ayesha. Appellants were further directed to pay Rs,50,000/- each as compensation to the legal heirs of each deceased. Appellants were also convicted under Sections 392/34 PPC and sentenced to ten years RI each with a fine of Rs, 10,000/- each. Appellants were acquitted from the charge under Sections 321/34 PPC.
2. Brief facts of the case, as given by Abdul Salam complainant (PW-20) in the FIR (Exh.PAA/1) are that he was resident of Sooft Street Muhajarabad, Multan Road, Lahore, having five sons out of whom four sons were residing with him in one house whereas his fifth son, named Mansoor Ahmad (PW-15) husband of deceased Shafiqa Begum and father of rest of the five deceased persons, was residing separately with his family members for the last two years in the Bhatti Street. According to him, all his four sons were running joint business of power looms having two factories at Lahore and Gujranwala and his son Mansoor used to go to Gujranwala for the said factory. As per FIR, the complainant used to look after family of his said son Mansoor during his visit to Gujranwala. The complainant further alleged that on 3.7.1996, his said son went to Gujranwala while his family was in the house at Bhatti Street. It was stated in the FIR that on the said day Mansoor's son Tamoor visited complainant's house who, at about 9.00 p.m. on the same day, was returned to his house alongwith his another son Nadeem who came back with a report that he had dropped Tamoor at the , residence while all the gates were locked by the inmates. The complainant stated in the FIR that on 5.7.1996 at about 8.00 a.m., as per routine, his son Nadeem went to the house of Mansoor to supply milk who was accompanied by complainant's grand-son Faisal, who, through the said Faisal, immediately called the complainant at the place of occurrence whereupon he alongwith his another son Muhammad Akhtar, Buniad Ali and Muhammad Rafiq went there and was told that the main gate and door of the bed-room were opened and saw that dead bodies of all the inmates of the house smeared in blood, namely, (i) Shafiqa Begum, (ii) Maqbool Ahmad, (iii) Tamoor Ahmad,
(iv) Haroon, (v) Qaratul Ain @ Ayni and (vi) Ayesha were found in the room and store who were slaughtered from their necks with sharp edged weapons. The complainant suspected that one Muhammad Saleem was involved in the said occurrence who had extended threats of murders on many occasions.
3. During the course of investigation and on the very first day of registration of the case, Mansoor Ahmad PW-15 (husband of deceased Shafiqa Begum) joined the investigation and apprised the Investigating Officer qua missing of cash, prize bonds and gold ornaments from the house which led to the suspicion of robbery.
4. The appellants were arrested and during investigation they were found involved, challan was prepared and submitted before the learned trial Court, copies were distributed to the accused, charge was framed to which accused pleaded not guilty and claimed trial.
5. In order to prove its case, prosecution produced as many as 25 PWs during the trial to prove the guilt the appellants. Thereafter, the learned PP closed the prosecution evidence after having produced documentary evidence i,e, five reports of the Chemical Examiner as -Exh.PCCC, Exh.PCCC/1, Exh.PCCC/2, Exh.PCCC/3 & Exh.PCCC/4, three reports of the Serologist as Exh.PDDD, Exh.PDDD/1 and Exh.PDDD/2 while reports of the Finger Print Bureau Punjab as Exh.PEEE, Exh.PEEE/1, Exh.PEEE/2, Exh.PEEE/3 and Exh.PEEE/4.
6. Dr. Irshad Ahmad DMS DHQ Hospital Okara/Assistant Chemical Examiner, Prof. Ageela T.Bhuttta/Professor of Pathology of Fatima Jinnah Medical College Lahore and Muhammad Wives Inspector Police (R) who was Finger Expert Bureau Lahore at the relevant time, were examined as CW-1, CW-2 and CW-3 respectively on the request of the appellants/accused.
7. The appellants/accused were examined under Section 342 Cr.P.C. No evidence in defence was produced by the appellants except a copy of the judgment/order dated 19.3.1998 passed by a learned Magistrate Gujianwala which was produced by Javaid Riaz appellant in his statement recorded under Section 342 Cr.P.C. as Exh.DK. However, none of the appellants opted to depose on Oath as required under Section 340(2) Cr.P.C. The learned trial Court convicted and sentenced the appellants as detailed above.
8. Learned counsel for the appellants contends that admittedly, the appellants are not named in the FIR and were implicated in the case merely on the basis of a suspicion through supplementary statement and that the prosecution case is based on circumstantial evidence and the extra judicial confessions allegedly made by the appellants.
9. So far as extra judicial concession is concerned, learned counsel for the appellants contends that it was allegedly made before PW-19 Muhammad Zahid Ensari but without any corroboration as other witness of the said extra-judicial concession, namely, Mazhar Hussain was not produced.
3. According to the learned counsel, even PW19 cannot be considered as a reliable and trust-worthy witness because he was involved in a gambling case and he confessed his guilt before the learned trial Court and was convicted and sentenced through Exh.DK coupled with the fact that keeping in view his social status there was no occasion for the said appellants to make such a confession before him which, even otherwise, was a joint one and inadmissible in evidence. Learned counsel maintains that even the extra-judicial confession allegedly made before PW-13 Dr. Asif Nazir has no sanctity in the eye of law in view of Articles 39 & 40 of the Qanun-e-Shahadat Order, 1984 as it was admittedly made when the appellants were in the custody of the police.
4. 10.It is next contended by the learned counsel for Sarfraz appellant that as far as recovery of hairs from the hands of deceased Mst. Shafiqa Begum Ca, Rahat Bibi and their matching with the samples of the hairs of the said appellant is concerned, has as no value because the samples were not taken into possession from the place of occurrence, rather the doctor took such hairs while conducting the postmortem examination. Even otherwise, in the Inquest Report, therefore is no mention of hairs in the hands of the said deceased.
5. 11.While advancing arguments further, learned counsel for the appellants adds that recovery of different articles from the appellants has no evidentiary value as those articles were not made into sealed parcels. Further adds that there is no mention of missing of gold ornaments and other articles either in the FIR or supplementary statements and as such like articles can easily be planted, therefore, the said recoveries cannot be used against the appellants. Further argues that the weapon of offence i,e, "Razor" (Exh.PLL), as per prosecution, was recovered from a "Gutter" and as per prosecution, it was blood-stained which is against the common sense.
6. 12.Learned counsel for the appellants, while further advancing arguments, contends that as far as reports of the Finger Print Bureau Punjab, Lahore are concerned, since no recovery memo of Finger Prints Samples, which were allegedly taken into possession from different articles from the house of the deceased was made and there are contradictions between the statements of the prosecution witnesses regarding taking of those samples, therefore, the said evidence cannot be relied upon to maintain conviction of the appellants.
7. 13.While concluding submissions, learned counsel for the appellants contends that the circumstantial evidence furnished by the prosecution is not confidence conspiring and the prosecution case is full of doubts, therefore, the appellants are entitled to acquittal. At the end, the learned counsel for the appellants contends that the appellants can not be sentenced to death as there is no direct evidence against them.
8. 14.Conversely, the learned Deputy Prosecutor General for the State assisted by the learned counsel for the complainant, while vehemently opposing this appeal, contends that the prosecution has proved its case against the appellants to the hilt through the extra-judicial confession and unimpeachable circumstantial evidence; that the bonafide of the complainant is manifest from the fact that the appellants were not named in the FIR and had there been any enmity, the complainant could easily name them in the FIR and that the prosecution has produced following evidence against the appellants which is sufficient to maintain their conviction and sentence awarded to them by the learned trial Court:--
(i) Medical evidence;
(ii) Extra-judicial confession;
(iii) Samples of Finger Print Impressions from different articles of the deceased persons and samples of the finger print and positive report of the Expert;
(iv) Blood stained clothes of the appellants;
(v) Injuries sustained by the appellants during occurrence; and (vi)Recoveries of different articles from the possession of the appellants including weapon of offence i,e, "razor'.
9. 15.The learned DPG and learned counsel for the complainant, after referring to the certain portions of the above mentioned evidence, contend that a woman and five innocent children were brutally murdered by the appellants and that no link in the circumstantial evidence is missing in this case, therefore, the appellants do not deserve any leniency and appeal is liable to be dismissed.
10. 16.We have heard learned counsel for the parties at length, have given anxious consideration to their arguments and have also scanned the evidence on record with the able assistance of learned Advocates for the parties.
11. 17.In this case, six persons were brutally murdered which included children as well. The callous manner in which those deceased persons were done to death is clear from the reports of their postmortem examinations, therefore, it has become imperative to discuss those reports. PW-7 Dr. Iftikhar Ahmad conducted the postmortem examination on the dead body of Haroon (aged six years) on 5.7.1996 and he noted following injuries on his person:--
(i) A wound complex in an area of 5.5 x 5 cm on right side of neck and over clavicle which contained four spindle shaped incised wounds each measuring about 1.5 x 0.7 cm, 7 cm below right ear lobule, 2 cm to the right of midline.
12. (ii)A wound complex-measuring 5.5 x 3 cm on the left side of neck containing three spindle shaped incised wounds each measuring about 1 x 0.7 cm. The wound complex is just below angle of left mandible 3 cm to the left midline.
13. (iii)Multiple superficial incised wounds on the front and front left side of neck in an area of 11 x 2 cm, 4 cm below chin, 5 cm above supersternal notch 6 cm below right ear lobule and 2 cm below left ear lobule.
14. PW-7 Dr. Iftikhar Ahmad also conducted the postmortem examination on the dead body of Tamoor (aged nine years) and found following injuries on his person:--
(i) An incised wound in front of neck measuring 10 x 4 cm, 4.5 cm above sternal notch, 5.5 cm below left ear lobule, 5 cm below right ear lobule, 6 cm below chin with tail on the right side.
(ii) A wound complex measuring an area of 4 x 3 cm on the left shoulder. It bears 3 incised wounds each measuring an average 2.5 x 0.5 cm.
15. The same doctor conducted the postmortem examination on the dead-body of Maqbool Ahmad (aged twelve years) on the same day and observed following injuries on his person:-- (i)An incised wound measuring 3.5 x 1.5 cm on the right angle of mouth. It was muscle deep wound.
16. (ii)Spindle shaped incised wound measuring 2 x 1.5 cm on the right parotid region 1.5 cm below right ear lobule 1 cm above angle of mandible.
17. (iii)An incised gapping wound measuring 11 x 4 cm on front and sides of neck at the level of thyroid cartilage 6 cm above supera sternal notch 4.5 cm below chin 5 cm below right ear lobule and 7 cm below left ear lobule.
18. (iv)A wound complex measuring an area of 9 x 4 cm on the dorsum of right hand. This wound complex bears 3 incised wounds each measuring on average 6 x 1 cm.
19. (v)A wound complex in an area measuring 26 x 10 cm on the back of chest and abdomen 32 cm below nape of neck and 8 cm above anal cleft. This wound complex contains 15 stab wounds each measuring an average 2.3 x 2 x 1 cm.
20. (vi)An incised wound measuring 7.5 cm x 2 cm right post lumbar region. 7 cm to the right of the post midline 18.5 cm below inferior angle of right scapula.
21. PW-12 Dr. Muhammad Maqsood, Demonstrator Forensic Medicine K.E. Medical College, Lahore conducted the postmortem examination on the dead body of Ainee (aged four years) on 5.7.1996 who found following injuries on her person:--
(i) A spindle shaped incised wound 5 x 2 cm lying transversally with sharp edges and acute angle and tailing present on the left side present on left cheek starting from left outer angle of mouth 4.5 cm from left ear lobule. 4.5 cm below left eye.
22. (ii)A spindle shaped incised wound 2 x 1 cm with sharp edges and acute angle on left side of face 3 cm below left ear lobule, 3 cm from Injury No, 1.
23. (iii)An oblique spindle shaped incised wound 7 x 3 cm with sharp edges and acute angle tailing present on right side of neck, present on front of neck at the level of thyroid cartilage starting from left side of neck 8'cm below left ear lobule passing across the front of neck 4 cm below chin and 4 cm above sternal notch, ending on right side of neck 3.5 cm below right ear lobule.
24. (iv)A spindle shaped incised wound 1.5 x 1 cm x going deep with sharp edges and acute angle on front of left lower neck 3 cm from midline and half cm above mid clavicle line.
25. (v)An inverted C shaped abrasion 27 cm in length on front of abdomen 6 cm above the umbilicus.
26. (vi)A spindle shaped stab wound 1.8 x 1 cm going deep on left side of front of abdomen half cm from umbilicus 12 cm below the Xiphisternum with loops of intestine and mess entry going out.
27. The same doctor on the same day, conducted postmortem examination on the dead body of deceased Aisha (aged two years) and observed following injury on her person:-
(i) An incised grapping wound 9 x 4 cm on the front of neck across the midline at the level of thyroid cartilage with tailing on right side of neck having sharp margins and acute angles it was 6 cm below left ear lobule 3 cm below chin and 2 cm above sternal notch and 4.5 cm below right ear lobule.
28. PW-12 also conducted postmortem examination on the dead body of Mst. Shafiqa @ Rahat Bibi (aged about 32/35 years) and noted following injuries:--
(i) An incised grapping wound 10 x 4 cm with sharp edged with acute angle showing tailing on right side present on left side of neck 4 cm below left ear lobule 2 cm above root of neck and one cm from midline.
29. (ii)An incised grapping wound 9 x 2.5 cm with sharp edges and acute angles showing tailing on right side of wound present on right side of neck 4 cm below right ear lobule across the midline at the level of thyroid cartilage 6 cm above supra sternal notch 5.5 cm below chin.
30. (iii)An incised grapping wound 7 x 1.5 cm with sharp edges and acute angles showing tailing on left side present on right side of neck 2 cm below right ear lobule, 1.5 cm from midline.
31. (iv)An incised grapping wound 2.5 x 1 cm with sharp edges an acute angles present on front of neck in midline 2 cm below chin.
32. (v)A wound complex composed of 5 superficial incised wounds in an area of 8 x 4 cm on front of lower central neck each measuring 6 x 0.7 cm on average 2 cm above the supera sternal notch.
33. (vi)A wound complex of 03 incised wound on left side of face in area of 9 x 2 cm each measuring 3 x 0.7 cm on average 2.5 cm below left angle of mouth 3 cm below left ear lobule.
(vii) A wound of 8 incised wound with sharp edges and acute angles in an area of 18 x 5 cm present on right lower forearm 4 cm above right wrist joint 17 cm below right elbow joint each wound is measuring 1 x 0.7 cm on average.
(viii) A wound complex of 5 incised grapping wound with sharp edges and acute angles present on front of right hand on palmer aspect and right index finger in an area of 9 x 4 cm each measuring 2 x 1 cm on average. Right hand is matted with many black fine long scalp hairs which were handed over to police in a sealed envelop.
34. (ix)A wound complex of 3 incised grapping wound with sharp edges and acute angle present on left index finger in an area of 5x1.5 cm palmer aspect average size is 1.5 x 0.5 cm. These are also meted with scalp hairs which were handed over to police in a sealed envelop.
(x) A stab wound 2 x 0.5 cm x going deep with sharp edges and acute angle on right lower outer abdomen.
18. So far as the evidence of the extra-judicial confession is concerned, we may state here that this type of evidence is always considered to be a weak type of evidence as the same can be easily procured in the absence of direct evidence, therefore, utmost care and caution is required before placing any reliance on such type of evidence.
35. For basing a conviction on the extra-judicial confession, the prosecution must prove that the extra- judicial confession was actually made and that it was made voluntarily and truly. Another important factor in this context is the social status and character of the person before whom such confession is made as obviously the accused who makes such a confession, expects favour from such a person otherwise they could hardly be any need or reason for making extra-judicial confession. For placing reliance on such type of evidencem following three factors are very important:--
(i) Social status of the person before whom the extra-judicial confession is made;
(ii) Character of the person; (iii)His influence over the family of the deceased.
19. in this case it has been noted that the extra-judicial confession made by all the four appellants before PW-19 Muhammad Zahid cannot be relied upon because the said witness (PW-19) did not have such a status which could prompt the appellants to make confession before him. In this reference, a portion of his cross-examination is relevant, where, regarding his social status, he has stated as under:-- ..........I have never been a Councilor or Member Zakat-Ushar Committee, Sallat Committee or MPA. I have never been an informant for the police. I had never helped the police in any case in the past. I have never been in association with any police officer. I have never been arrested in connection with any criminal case. It is correct that I was involved in a case of gambling in Gujranwala in the year 1996 and taken into custody. Volunteer it was absolutely a false case and the same is still pending trial"
36. The above portion of statement of the said PW shows that he has admitted during the course of cross-examination that he was involved in a gambling case but stated that it was a false case.
37. Exh.DK shows that in the said case he confessed his guilt before the Court and was convicted and sentenced accordingly. As far as influence on the family of the deceased is concerned, the said PW himself stated in the examination-inchief that he knew Mansoor for the last one year but never visited his house. He has further stated that neither the said Mansoor nor his family visited his house, so, in our view he had no influence over the deceased family and no reliance can be on his statement.
38. 20.As far as extra-judicial confession made by two appellants, namely, Sarfraz and Muhammad Yousaf @ Ashi before PW-13 Dr. Asif Nazir is concerned, we are of the view that as the same was made when, admittedly, the said appellants were in police custody, therefore, the same is inadmissible in view of Article 39 of the Qanun-e-Shahadat Order, 1984.
39. 21.Now, we would like to discuss the remaining evidence which is circumstantial in nature. No doubt, the conviction can be based on circumstantial evidence but such evidence should be so inter-connected that it forms such a continuous chain that its one end touches the dead body and the other neck of the accused excluding all hypothesis of the innocence of the accused.
40. 22.It is .a case of unique nature in which police has made good efforts and used modern techniques to collect circumstantial evidence to trace out the actual culprits. On the day of occurrence, the Investigating Officer Masood Aziz (DSP) PW-24 and Muhammad Rafi Inspector PW25 summoned PW-4 Muhammad Akram Javaid SI/Expert Finger Print Bureau Punjab, Lahore who lifted the finger print impressions from the house of the deceased persons from TV, Fridge, Show Case, Glass and Drawer of the bed of the room where the occurrence took place (ten in numbers) duly signed by him and attested by PW-24 DSP Masood Aziz as Exh. P14 to Exh. P23. After arrest of the accused on the direction of Masood Aziz DSP/PW, PW-4 also prepared sample papers Exh.PW24/1-18 of the accused persons who were in the police custody. Exh.PW-24/A-1 to 4 are the sample papers of the thumb impression of Nadeem, Exh.PW-24/A-5 to 8 are of Muhammad Javaid Riaz, Exh.PW-24/A9-12 are of Muhammad Yousaf (a), Kashi and Exh.PW-24/A-13 to 18 are that of Sarfraz. Thereafter, these samples were submitted by PW-4 and PW-24 in the office of the Finger Print Bureau Punjab, Lahore, and report in this regard Exh.PEEE was received as positive whereby samples of thumb impressions of the accused persons tallied with the finger prints taken from the various articles lying in the house/spot. Through the report of the Finger Print Expert is admissible in evidence under Section 510 Cr.P.C, without calling the expert under Section 510 Cr.P.C. but the expert was called on the request of the appellants/accused who appeared as CW3 (Muhammad Idress, Inspector Police Finger Print Bureau Punjab, Lahore) and affirmed his report.
41. 23.During the caurse of investigation, appellants (respectively) led to the recoveries of stolen property, sharp edged weapons and blood stained clothes. To prove those recoveries, Muhammad Akhtar (PW-16), Zaheer Ahmad (PW-17), Muhammad Rafique (PW-18) and Masood Aziz DSP (PW- 24) entered the witness box. It has come on record that Muhammad Nadeem on 11.7.1996 led to the recovery of one wrist watch Seiko 5 P42, four currency notes of Rs, 1000/- each P43/144, one golden ring P25 which were taken into possession vide recovery Exh.PDD and attested by PW-16 Muhammad Akhtar. He also got recovered knife P51 which was attested by PW-18 Rafiq-ul-Hassan and PW-15. Mansoor Ahmad. Appellant Yousaf @ Ashi on 11.7.1996 led to the recovery of one pair of ear rings Exhs.P27/1-2, two currency notes of Rs, 1000/- each as Exhs.P38 and P39, Shalwar Qameez as Exh.P40 and P41. The golden ear rings were identified by PW-15 Mansoor Ahmad as of his deceased wife. Appellant Javaid Riaz on 11.7.1996 vide recovery memo Exh.PBB got recovered one golden necklace P26, three currency notes of Rs,1000/- each P37/1-3 and one prize bond of Rs,500/- and four prize bonds of Rs,50/- P35/1-4 from his residential house situated at Gujranwala which stands established from the statements of PW-24 Masood Aziz DSP and PW-18 Rafiqul- Hassan. On 14.7.1996 the said. accused also led to the recovery of blood stained razor P52 from the outside the mosque which was taken into possession through Exh.PLL attested by PW-18 Rafiq-ul- Hassan and one Babu Zameer (given up PW). Appellant Sarfraz led to the recovery of one golden Tikka P28, two currency notes of Rs,1000/- each and seven currency notes of Rs,100/- each from his house at Sultanpura, Gujranwala, were taken into possession vide memo Exh.PEE which was proved by PW-16 Muhamad Akhar and PW-24 Masood Aziz DSP. The said accused also got recovered .30 bore pistol P50 from the house of his behnoi Liaqat situated in Lahore which was taken into possession vide memo Exh.PGG which was proved by PW-18 Rafiq-ul-Hassan and PW 24 Masood Aziz DSP. Vide recovery memo Exh.PHH, ashes of blood stained clothes of the said accused were taken into possession and attested by PW-18 Rafiq-ul-Hassan and Babu Zameer (given up).
42. 24.Apart from above, statement of the PW-13 Dr. Asif Nazir in this case is very important who stated that on 13.7.1996, he had medically examined appellants Sarfraz and Muhammad Yousaf @ Ashi who had received injuries on their persons. During the course of cross-examination conducted on behalf of learned counsel for Sarfraz appellant, the said PW stated that the injuries on the person of Sarfraz could not be caused with a friendly hand and were sustained by him while causing injuries to some other person. According to the said doctor, the duration of the injuries on the persons of both the appellants was about one week whereas the weapon of offence was mentioned as sharp. As far as confessional part of the testimony of the said doctor is concerned, as the appellants were in the police custody at the said time, therefore, the same is excluded from the evidence but the fact remains that the injuries received on their persons, the kind of weapon and the time of the said injuries coincide with the incident which is yet another factor connecting the appellants with the occurrence in question.
43. 25.There is yet another piece of evidence against appellant Sarfraz. PW-12 Dr. Muhammad Maqsood, who conducted the postmortem examination on the dead body of Mst. Shafiqa Begum Rahat deceased, found that her hand was matted with many black fine long scalp hairs which were handed over to the police in a sealed envelop which factum finds mention in Injury No, 8 of the postmortem report of Mst. Shafiqa deceased. After the arrest of the appellants, PW-24 Masood Aziz obtained hair lock 'of each appellant with the permission of Dr. Shoaib Anwar MIC through memo Exh.PH and were sent to the office of the Chemical Examiner for expert opinion. As per report Exh.PCCC/3, the hairs of Sarfraz appellant matched with the hair lock of deceased Shafiqa Bibi Rahat.
44. 26.After careful examination of the record, we are satisfied that overwhelming evidence has been brought on the record against the appellants, the prosecution has proved its case against them beyond any shadow of doubt, the contention of the learned counsel for the appellants that the appellants cannot be sentenced to death as there is no direct evidence against them, is Without any force as the circumstantial evidence available on the :record leads this Court to an irresistible conclusion that it were only the appellants who have committed this gruesome, sensational and horrible act wherein six persons including children ranging from five to twelve years were brutally murdered, therefore, we do not feel any hesitation to maintain convictions and sentences of the appellants on a capital charge. To fortify our view, reliance is placed on a judgment of the Hon'ble Supreme Court of Pakistan in the case of Muhammad Latif vs. The State (PLJ 2008 SC 886), wherein, at, page 893, while confirming sentence of death of the accused, the August Court observed as under:-- "11. As far the contention of the learned counsel that upon circumstantial evidence, one cannot be convicted and awarded the penalty of death, this plea is also misconceived because there is no bar or hindrance to pass the sentence upon a killer of three human beings when the chain of guilt found not to be broken and irresistible conclusion of the guilt is surfacing from the evidence, which is connecting the accused with the commission of that offence without any doubt or suspicion. If the circumstantial evidence brought on the record is of such nature than the conclusion would be in the shape of conviction and no other conclusion shall be drawn by any stretch of imagination in such a case, for the guilt of the accused, penalty of death or life imprisonment shall be a normal event. The following judgments can be cited with benefits for this proposition:-- 2004 SCM R 331 (Khuda Bakhsh vs. The State), 2007 SCM R 58 (Faisal vs. The State), 2007 SCM R 518 (Sheraz Tufail vs. The State), 2007 SCM R 525 (Israr Ali vs. The State), 2007 SCMR 78 (Binyamin alias Khari and others vs. The State), 2007 SCM R 808 (Ghulam Nabi vs. The State) and 2007 SCM R 876 (Akhtar Vs. The State) ".
27. Accordingly, we have found no merit in the appeal which is hereby dismissed.
45. Capital Sentence Reference is answered in the AFFIRMATIVE and sentence of death of all the appellants is hereby CONFIRMED.