QAZI MUHAMMAD AMIN AHMED, J.---Criminal Appeal No.7 of 2008 is clubbed with Capital Sentence Reference No.1 of 2008 that arise out of Case/FIR No.306 dated 20-4-2007 of Police Station New Multan relating to an occurrence which took place in the month of June-2006. Khalid Mehmood (P.W.13) is complainant of the case. According to him, his elder brother Muhammad Younas was residing in New Multan and missing since June-2006 along with his wife and children. The family comprised of 8 members namely Younas, his wife Hameeda, daughters, Sadaf, Sadia, Sobia and sons Arslan, Farhan and Adnan present appellant. Excepting Adnan rest of the family members were missing since June-2006. When Khalid Mehmood complainant inquired from Adnan- appellant about his parents, brothers and sisters, he informed him that Muhammad Younas his father whowas a member of 'Tableegi-Jamat' was away on a preaching mission while his mother alongwith other children had deserted home; in brief, according to the complainant, the appellant pleaded ignorance. On .20.04.2007, Khalid Mehmood (Pw-13) was summoned by the police and he found Adnan Mehmood under arrest in another case, who was being interrogated; it is complainant's case that Adnan Mehmood made a disclosure pursuant whereto he led police party to his house and pointed out a store room where dead bodies of Younas, Hameeda, Sadaf, Sadia, Sobia, ArsIan and Farhan were buried; it was on this disclosure that dead bodies of afore-named deceased persons were dug-out.
Lady Dr. Masroor Fatima (Pw-1) conducted autopsy on the dead bodies of Mst. Hameeda, Sadaf, Sadia and Sobia. All the dead bodies were putrefied having fatal head injuries. Similarly, Dr. Mushtaq Ahmad Chaudhry (Pw-2) conducted autopsy on the dead bodies of Younas, ArsIan and Farhan; these too were in putrefied condition with injuries on head. Motive for this horrific incident was that appellant had been restrained by his parents from his nefarious pursuits.
2. During spot inspection, the Investigating Officer secured last wornlothes of the deceased through Memo Ex.PGG, a currency note of Rs.500/- denomination, National Identity Card of Muhammad Younas through memo: Ex.PHH, blood stained earth from underneath the floor through memo: Ex .
PJJ The appellant pursuant to disclosure on 21.04.2007 led to the recovery of a Hammer and Bughda through memo: Ex.PKK. Investigating Officer also secured death register of Union Council 11 of Multan City, copy of power of attorney and a sale deed through memo: Ex.PMM, a CD disk P-11: through memo: Ex.PNN and a rent deed Ex.PPP. Prosecution brought on record these documents to establish that the appellant attempted to derive monetary benefit from the property of his deceased father.
3. The appellant was indicted on 09.01.2008 by the learned Judge Anti-Terrorism Court No.II, Multan; he pleaded not guilty and claimed trial. In total 19 witnesses were examined by the prosecution to prove charge against the appellant.
4. Fate of the prosecution's case ishinged upon, primarily, on the testimony of Khalid Mehmood (Pw-13), Munawar Hussain (Pw-14) and Muhammad Ishaque S.I (Pw-18). According to (Pw-18) he had arrested Adnan appellant and one Munawar Saeed in case FIR No.299 of 2007 when during the course of investigation, Adnan appellant made a disclosure and led to the recovery of 7 dead bodies. Khalid Mehmood (Pw-13) and Munawar Hussain (P.W.14) are witnesses of this recovery. PW- 13-Khalid Mehmood in witness box stated as under:- "My elder brother Younas Mahmood deceased used to live with his family in V-Block, New Multan, Multan. On 15 June, 2006, I came to know that Younas Mahmood, his wife, Hameeda Mahmood, Saddaf Mahmood, Sadia Mahmood and Sobia daughters, Farhan, Irsalan sons of Younas Mahmood were not available in the house, Adnan Mahmood accused, the elder son of Younas Mahmood my brother was available, I asked him about the whereabouts of his parents brothers and sisters, he replied that a quarrel had ensued between his father and mother and father had gone to preach after fighting with his mother and the mother had been deserted taking along brothers and sisters.
On 20.04.07 the accused Adnan Mahmood was in custody of New Multan Police, arrested in a dacoity case, I, Munawwar Hussain, Atta-ur-Rehman and Shaukat Ali P.Ws went to thePolice Station after beingsummoned by the SHO. The accused was present in custody in the said New Multan Police Station, the accused was being interrogated and in our presence he disclosed that about 9/10 months ago, he along with his fatherYounas Mahmood, deceased committed murders of Hameed Mahmood his brother, Saddaf Mahmood aged 22 years, Sadia Mahmood aged 18 years, Sobia aged about 14 years and Arsalan aged 16 years and Fathan aged 15 years when his father Younas Mahmood while going outside of the room, he also inflicted hammer blow upon him and murdered him and hammer and Bughda's war used for murders of the deceased. He further disclosed' that after commission of murderof his parents, brothers andsisters, he dug a ditch along the western wall of the room, store room inside and buried them in the said room.
He further disclosed that he could lead to the recovery of dead bodies from the store room of his house, where he and his family the deceased used to live on rental basis. The accused lead us to the recovery of dead bodies in house N.40-V, Street No.5, New Multan. The accused pointed out the place of burial of the deceased person. The pointed out place was dug out and seven dead bodies were recovered those dead bodies belong to Younas Mahmood my brother, Hameeda Mahmood wife of Younas Mahmood and rest of the dead bodies were identified by me with probability".
Relevant portion of Pw-14's statement is reproduced below:-- "On 20.04.07 I, Khalid Mahmood, Shaukat and Atta ur Rehman P.Ws were called by the police of P.S. New Multan, we went there where Adnan Mahmood accused was already in custody of police, in an other case. During interrogation by Ishaq, Bhatti Inspector the accused Adnan made disclosure that he had committed the murders of his further Younas Mahmood, Hameeda Mahmood, Mother, Saddaf, Sadia Sobia his sister, Farhan and Arsalan his brothers with hammer and Bughda and after commission of murders, he buried them in of his residential house situated in New Multan and also stated that he could lead to the recovery of dead bodies, and in consequence thereof lead the police to the recovery of dead bodies from the store room of hisresidential house in presence of me and Khalid Mahmood, Atta ur Rehman and Shaukat Hussain Pws and the police and Media personnel. The dead bodies belong to Younas Mahmood his father, Hameeda Mahmood his mother, Saddaf, Sadia, Sobia his sisters and Farhan and Arsalan his brothers, the deceased Younas Mahmood was brother of my wife. I do not know why he committed the murder of his family".
We will ignore portions of statements reproduced above in italic form for being inadmissible.
During cross examination on Pw-13, the witness stated that:-- "When we reached at the place of recovery along with police and Adnan accused, some police men and Media personnel were already present in the house of Adnan Mahmood accused at 40-V, Block, New Multan. The accused pointed out the place where he had buried the dead bodies, the laborers dug the room' in the supervision of the police".
5. The position taken by the appellant is as under:- "this case has been registered against me by paternal uncle in order to usurp my property. The husband of my 'Phuphi' is against my whole family had threatened for the murders of my. Family and complainant has connived with the police sand I have been falsely involved in this case".
6. The learned counsel for theappellant contends that the appellant had no earthly reason to eliminate his entire family, therefore, the cited motive merits out right rejection; that it is not humanly possible for a single person to undertake such a huge exercise to murder and dispose of 7 persons single handedly; that major portion of statements of Pws-13 and 14 being confession in police custody is inadmissible in evidence and the learned Special Judge committed illegality in bringing on record and make basis for appellant's conviction; that police already knew a place of burial and as such the appellant cannot be saddled with the responsibility of exclusive knowledge within the contemplation of Article-40 of the Qanun-e-Shahadat Order 1984; that the appellant was represented by duck counsel 'who could not properly represent him and the impugned judgment is outcome of a mistrial resulting into miscarriage of justice; that the appellant is being used as a scapegoat by Khalid Mahmood (Pw-13) to grab the property of his deceased's brother; that no sane person can possibly imagine to take such a dastardly step to eliminate his own family. Lastly he is argued that there is no memo about recovery of dead bodies. He has prayed for the acceptance of this appeal.
7. Conversely, the learned D.P.G assisted by the learned counsel for the complainant argued that the appellant resided in the same house where from dead bodies were recovered at his instance and he was in exclusive knowledge of the presence of dead bodies there to the exclusion of rest of the world; that Khalid Mehmood Pw-13 being real uncle of the appellant would not falsely implicate the last surviving offspring of his real brother; that in the face of barbaric act committedby the appellant, he deserved no leniency.
8. We have heard the learned counsel and perused the record with their assistance.
9. No one has disputed that the dead bodies 7 persons of the family were buried in the store room of the house underneath the floor where appellant admittedly resided, the deceased were once inmate of the same house; appellant's silence so long a period and false explanation in respect of absence of his family members heavily militates against his bald denial. We have excluded from consideration, inadmissible portions of testimony of Pw-13 and 14 while sifting grain from chaff and still found sufficient evidence that saddles appellant with the exclusive knowledge of the presence of dead bodies inside the house he lived and his disclosure leading to recovery thereof. There is no force in the argument that absence of recovery memo of dead bodies adversely affects the prosecution's case, memo: (Ex.PJJ) reflects seizer of dead bodies from the place pointed out by the appellant. Prosecution has also successfully proved that the appellant presented a woman who impersonated herself to be his mother for the execution of power of attorney in his name on the basis whereof he sold residential house; this circumstance heavily reflects on the intention and motive of the appellant. There is nothing on the record even to suggest remotely as to why appellant's real uncle and police officials would implicate him in an incident about which they were clueless. Cross-examination is continuing part of examination in chief, statements of Pw-13 & 14 leave no space to entertain any doubt regarding appellant's culpability. After availing services of a counsel at state expense, the appellant cannot allege inaptitude or incompetence to the learned counsel who defended him during the trial.
Recovery of hammer and bughda coupled with the findings of Wdical Officers regarding nature of weapons used in the occurrence provide corroborative support to the prosecution's case. The prosecution has proved its case to the hilt beyond a shadow of doubt, therefore, we dismiss Crl.
Appeal. No.07 of 2008 and maintain his conviction on all counts. In so far as sentence of death on seven counts is concerned, we have noticed that entire family of Muhammad Younas deceased is wiped out by no other than his own son, who in case is executed, the last agnate of Muhammad Younas will also be eliminated; even Muhammad Younas deceased would not have approved that scenario, therefore, we alter sentences of death to imprisonment for life on each count with benefit of Section 382-B, Cr.P.C. Fine and compensation imposed is kept intact. Sentences shall run concurrently. Capital Sentence Reference No.01 of 2008 is answered in the NEGATIVE.