' GHULAM SARWAR SHEIKH, J.--- This judgment will dispose of Murder Reference as well as appeal under section 25 of Anti-Terrorism Act, 1997 against judgment, dated 14-10-1997 passed by learned Special Judge, Special Court No,1, established for Bahawalpur Division under said Act, whereby, Muhammad Ishaque, appellant, has bee convicted under section 302, P.P.C. On three counts of Qatl-e-Amd of his wi e Maryam Bibi his father-in-law, Noor Muhammad and one Muhammad Rafique and under section 324, P.P.C. On two counts, for causing injuries to Muhammad Ashraf and Muhammad Haqaan P.Ws. He has been sentenced to death, to be hanged by his neck till he be dead, on each murder count and to ten years' R.I. On each count under section 324, P.P.C. In addition, fine to tune of Rs,50,000 has been imposed upon him and in default whereof he is to suffer two years' R.I. On each count. It has been further directed that fine, if real sed, be paid in equal shares to all the legal heirs of three deceased and the injured P.Ws.
2. Story of woe as reflected by F.I.R. Exh.P.G., which of course, set the law into motion is to the effect that on 8-5-1995 at 2 p.m. Maryam Bibi, her father Noor Muhammad, her sister Fatima Bibi P.W.8, and one Ghulam Mustafa while harvesting wheat crop in Killa No,5 Rectangle No,56 in Chak No,301/HR Fort Abbas took a short break and were taking rest under trees on Hakra Bank Canal.
Appellant armed with a .12 bore gun emerged there and challenged that they would be taught a lesson for filing and prosecuting a suit for "dissolution of marriage" against him by Maryam Bibi, his wife in a Family Court at Bahawalpur.. Unfortunate victims ran for their lives towards nearby under construction watercourse where people were working. Haqaan P.W.9 working there entreated for their lives with the convict, who in turn, shot and wounded him on his right flank and right hand. He also shot at Muhammad Ashraf P.W. Which hit his right shoulder and right knee and respectively shot dead, Muhammad Rafique, Noor Muhammad and Maryam Bibi at the spot as they succumbed to their injuries. Occurrence was witnessed by Sana Ullah and Muhammad Aslam as well.
3. Mst. Fatima alongwith one Muhammad Mansha 'brother of Haqaan P.W. Proceeded to Police.
Station Maroot leaving behind Mst. Sakina Bibi P.W.4, her mother with the dead bodies.
4. Muhammad Akram (P.W.11) Police Inspector/S.H.O. Recorded her statement Exh.P.G. Proceeded to spot and inspected the place of occurrence. He examined Muhammad Ashraf and Muhammad Haqaan P.Ws., prepared their injury statements Exh.P.D./1 and Exh.P.E./1 respectively and sent them to hospital. Their medico-legal reports are Exh.P.D. And Exh.P.E. Inquest reports as well as injury statements Exh.P.A./3, Exh.P.A./4, Exh.P.B./3, Exh.P.B./4 and Exh.P.C./3 and Exh.P.C./4 of deceased Muhammad Rafique, Noor Muhammad and Maryam Bibi, respectively were prepared and dead bodies under the escort of Rab Nawaz P.W.3 a Constable were sent to morgue for autopsy.
5. Blood-stained earth was secured vide memos. Exh.P.I. And ah.P.J., respectively from under the dead bodies of Noor Muhammad and Muhammad Rafique and also from under the dead body of Maryam Bibi by means of memo. Exh.P.H. Five empty cartridges Exh.P.1/1-5 were collected from the place of occurrence, made into a seated parcel and taken into possession through memo. Exh.P.K.
Last-worn clothes i,e, shirt P.2, Shalwar P.3, Dopata P.4 and bodies P.5 of Maryam Bibi alongwith a phial P.6, Qamiz P.7 and Chaddar P.8 of Noor Muhammad alongwith phial P.9, shirt P.10 and Chaddar P.11 of Muhammad Rafique were secured by virtue of memos. Exh.P.L., Exh.P.M. And Exh.P.N.
Respectively. In short various other steps of investigation were also taken.
6. On 21-5-1995 appellant was arrested and at his pointation a .12 bore gun P.12, its licence P.13, a bandolier P.14 five cartridges P.15/1-5 were taken into possession from his house vide memo.
Exh.dP.O. And site plan Exh.P.G./1 of these recoveries was prepared. All the articles so recovered were deposited with Moharrir of the police station. Site plans of place of occurrence Exh.P.F. And Exh.P.F./1 were got prepared from Muhammad Akhtar Shah, Patwari P.W.2 and the accused was challaned upon completion of investigation.
7. He pleaded not guilty to the charge and prosecution examined as many as eleven witnesses.
Learned Deputy District Attorney gave up Ghulam Mustafa, Sana Ullah, Muhammad Aslam, Ghulam Sarwar, Muhammad Ashraf and Falak Sher P.Ws. And tendered into evidence reports of Chemical Examiner Exh.P.T. And Exh.P.R. And reports of Serologist Exh.P.S. And Exh.P.T. And that of Forensic Science Laboratory as Exh.P.U. To close the case for prosecution.
8. Accused did not opt to appear as his own witness to disprove the allegation as envisaged by section 340(2), Cr.P.C., he challenged the truth of evidence led against him and took the following plea:- "I am innocent. The real facts are that on the day of occurrence I was coming back from Chak No,301/HR. My licensed gun Exh.P.12 was with me as I keep it always with me due to enmity in the village. When I reached near the place of occurrence, I saw Maryam deceased my wife, Muhammad Rafique deceased and Muhammad Haqaan P.W. Kissing her and were chatting with her. I, under the impulse of grave and sudden provocation fired at them. In the meanwhile, Noor Muhammad deceased came there, who also received injuries. I appeared before the police at my own accord. Complainant and other witnesses were not present at the spot."
9. Prosecution evidence can be divided into following four broad categories:--
(i) Eye-witnesses account; (ii) Medical evidence; (iii) Recoveries; and (iv) Investigation.
10. Ocular account stands furnished by Fatima Bibi P.W.8 and Haqaan an injured P.W.9. Fatima Bibi testified that at the time of fateful incident she was present with her sister Maryam Bibi, her father Noor Muhammad and Ghulam Mustafa who were taking rest under trees on Bank of Hakra Canal where at 2 p.m. Appellant armed with gun came, challenged the victims and shot them dead while they were on a run for their lives towards an under construction nearby watercourse where Haqaan P.W.9 implored for the lives of victims and sustained injuries alongwith Muhammad Ashraf given up P.W. As they both, according to appellant himself, were helping Maryam Bibi in her suit for dissolution of marriage against him. She successfully withstood hard test of cross-examination.
Similarly Haqaan P.W. Deposed that at the time of occurrence he saw Maryam Bibi, Ghulam Mustafa and Noor Muhammad ahead of appellant, who, was armed with a gun; he entreated for their lives but sustained injuries at his hands and also saw him gunning down Maryam Bibi, Muhammad Rafique, Noor Muhammad and injuring Muhammad Ashraf P.W. This P.W. Also stuck to his stand when subjected to searching cross-examination.
11. Eye-witness account has duly been corroborated by Dr. Rao Shahid Tasleem P.W.1, who, conducted post-mortem examination about 24 hours after the death of Muhammad Rafique aged about 28/29, who, had sustained five gun injuries which collectively caused his death within two hours. P.W.1 proved his observations, in post-mortem examination report Exh.P.A., Diagrams of injuries Exh.P.A 11-2 and also signed inquest report Exh.P.A./3 and injury statement Exh.P.A./4. He conducted autopsy on the dead body of Noor Mudhammad and observed entry and exit gun wounds on his chest, which, in his opinion, were sufficient to cause death in ordinary course of nature within 10 minutes. Postmortem examination report in this regard is Exh.P.B. And diagram of injuries Exh.P.B./1, Exh.P.B./2 whereas inquest report and injury statement respectively are Exh.P.B./3 and Exh.P.B./4.
12. Post-mortem examination vides report Exh.P.C. Was conducted by the same doctor on the same day and time on the dead body of Maryam Bibi and as many as three fire-arm wounds on her chest which killed her within half an hour were observed. Her post-mortem examination report is Exh.P.C. Whereas diagrams are Exh.P.C./1, Exh.P.C./2 and inquest and injury statement respectively are Exh.P.C./3 and Exh.P.C./4.
13. Same doctor examined Muhammad Ashraf injured on same day vide medico-legal report Exh.P.D. And injury statement Exh.P.D./1 and found three fire-arm injuries inflicted within 24 hours of examination and these injuries were on his right shoulder and right thigh. He also examined Muhammad Haqaan P.W.9 and observed vide medico-legal report Exh.P.E. Fire-arm injuries on his right palm and right loin region. Ex-Ray was advised and Ex-Ray films Exhs.P.E./2 and 3 showed no bony lesion and injuries were declared Ghair Jaifah Mutallahimah.
14. Recoveries of last-worn clothes of deceased were proved by P.W.3 Rab Nawaz, Constable whereas Fakhar-ud-Din P.W.10 proved the recovery of blood-stained earth, and of empty cartridges from the place of occurrence. He also proved the recovery of .12 bore gun P.12, its licence P.13, Bandolier P.14 and live cartridges from the convict. Muhammad Akram P.W.11 the Police Inspector gave the details of investigation carried out by him whereas Muhammad Akhtar Shah, Patwari P.W.2, proved the site plan of place of occurrence. Niaz Ahmad, Constable as a Court- witness affirmed that the case property was kept in tact at police station and P.W.7 Muhammad Arshad, Constable testified about carrying of blood-stained earth and clothes and empty- cartridges P.1/1-5 to concerned quarters.
15. Upon culmination of trial, appellant was convicted and sentenced as detailed and noted above.
16. Learned counsel for the appellant have canvassed that data and material on record has not been properly evalued, on golden scales, learned trial Court remained oblivious of the fact that Fatima Bibi P.W.8 is real sister of Maryam Bibi deceased, who, being as estranged wife was inimical to appellant; Fatima Bibi P.W.8 has no injury on her person and she being a married woman would have been at the house of her husband and thus her presence at the scene of occurrence is unnatural; her testimony cannot be relied upon without independent corroboration not forthcoming in this case; that Muhammad Haqaan P.W.9 is also an inimical witness, and his presence supports the defence version that appellant saw him and Muhammad Rafique deceased with his wife Maryam Bibi indulging in obscene hugging and kissing and losing balance of his mind killed them and at the worst could have been convicted under section 302(C), P.P.C. And not under section 302(b), and injuries on the person of Muhammad Haqaan P.W.9 were on non-vital part of his body and just Ghair Jaifah Mutalahimah, therefore, his conviction under sction 324, P.P.C. Is illegal.
17. Conversely, various factors have ben reiterated and highlighted to remark that the appellant being responsible for such gruesome, cold-blooded and brutal murders and murderous assault upon P.Ws. Is liable to be awarded extreme penalty.
18. We have considered the arguments in the light of record perused with the assistance of learned counsel for the parties. It is amply proved that Maryam Bibi, Muhammad Rafique and Noor Muhammad were shot dead. Fatima Bibi P.W.8 and Muhammad Haqaan P.W.9 an injured witness have affirmed that the appellant caused injuries to deceased. Convict is well-known to these witnesses and as such his identification in a broad daylight occurrence is totally free from doubt.
So, it is proved beyond any shadow of doubt that the appellant committed Qatl-e-Amd of Maryam Bibi, Muhammad Rafique and Noor Muhammad and caused injuries to Muhammad Haqaan P.W.9.
He himself has not disputed this fact. Venue and time of incident have also not been 'isputed. His only plea is that on seeing Muhammad Rafique and Muhammad Haqaan P.W.9 hugging and kissing his wife Maryam Bibi, he had lost self control and acted under the impulse of sudden and grave provocation. But the circumstances of the case and overwhelming evidence on record expose frivolity of his defence. It is a fact proved that these murders were committed while cutting wheat crop by Maryam Bibi, her father and others. So, Maryam Bibi is proved to be a working woman of peasantry. Even the uninitiated would not believe that a woman of a labour class in presence of her father while working in field would indulge in merry making with her paramours and that too with "two" at the same time. Presence of Fatima Bibi at the scene is quite natural. She immediately reported the incident to Police in details and successfully withstood the test of cross- examination. Muhammad Haqaan P.W.9 is an injured witness and there is nothing on record to disbelieve him about an occurrence admitted by accused himself. So it is proved beyond any shadow of doubt that it was appellant, who, committed triple Qatl-e-Amd and has been rightly convicted under section 302(b), P.P.C. As Tazir.
19. Though the injuries on the person of Muhammad Haqaan P.W.9 are simple in nature, yet, the weapon of offence and circumstances under which they were caused speak volumes about the intention of appellant, who, has been rightly convicted and sentenced under section 324, P.P.C., as well.
20. Resultantly, death sentence on each count awarded to the appellant is confirmed and Reference is answered accordingly. Appeal consequently fails and is hereby dismissed.