' KH. MUHAMMAD SHARIF, J.--- This judgment will dispose of Murder Reference No,4 of 1999, Criminal Appeal No,7 of 1999 filed by Ahmad Hassan appellant and Criminal Appeal No,8 of 1999 filed by Muhammad Aslam appellant. Both the appellants were tried and sentenced for the murder of Malik Muhammad Ashraf, D.I.-G., Bahawalpur by Special Judge, Special Court, Anti-Terrorism, Bahawalpur-I, under section 302/34, P.P.C. To undergo death sentence, with a fine of Rs,5,00,000 (five lacs) each, which will be paid to the legal heirs of the deceased as compensation under section 544-A, Cr.P.C. In default thereof six months' S.I.
2. The occurrence in this case took place on 10-6-1998 at 7-00 p.m. Within the area of Police Station Channigoth, Tehsil Ahmadpur East, District Bahawalpur.,,A Rapat No,27, dated 10-6-1998, which is Exh.P.AAA was lodged by Muhammad Ahmad Khan, S.P., C.I.A., Bahawalpur, who was also functioning as acting S.S.P., Bahawalpur, at 10-20 p.m. While the formal F.I.R. Was recorded on 11-6- 1998 at 12-30 a.m. In Police Station Channi Goth on the basis of abovesaid "Rapat", No,27, by Muhammad Ashraf, Inspector, which is Exh.P.XX. The occurrence was stated to have taken place at K.L.P. Road near Railway Station, Channigoth, Tehsil Ahmadpur East.
3. Brief facts of the case as narrated by Muhammad Ahmad Khan, S.P., C.I.A., complainant, examined as P.W.32 as under:-- ' Complainant Muhammad Ahmad Khan, stated that on 10-6-1998 at 9-07 p.m., he reached Police Station, Baghdad-ul-Jadid, Bahawalpur along with Muhammad lqbal Noon, D.S.P. (City), Bahawalpur, there he received a message from Ahmad Hassan, Head Constable No,1255, driver of official Car No,2800/BRD of D.I.-G., Bahawalpur. First of all he got him identified that he was Ahmad Hassan, who was speaking at the wireless, driver of the D.I.-G. Stating therein that he had committed the murder of Malik Muhammad Ashraf, D.I.-G. In the area of Police Station, Channigoth and Abdul Rehman Bhatti, A.D.I-G., in the office of D.I.-G., Bahawalpur. It was further tatted, if anybody tried to stop him, he will also kill him by firing a brust. All the officers of District Bahawalpur, whose wireless sets were on, heard the voice of Ahmad Hassan and also his message. According to the complainant, he identified the voice of Ahmad Hassan, appellant very thoroughly, thereafter, complainant on wireless spoke to Ahmad Hassan and told him his name, when the complainant became sure that Ahmad Hassan had identified him, complainant advised him to have patience, and may not cause further any damage. Complainant also asked Ahmad Hassan accused to surrender himself before him and his life will be protected and only legal action will be initiated against him. After long consultation and conversation between these two, Ahmad Hassan appellant agreed to surrender himself along with his weapon of offence and told the complainant that he was proceeding to Police Station Cant., Bahawalpur and the complainant should also come there, so that he along with ammunition be taken into possession. This conversation on wireless was also heard by Ch. Riaz Ahmad, Commissioner, Bahawalpur, Syed Shaukat Ali Shah, Deputy Commissioner, Bahawalpur, Rana Waris Ali, Assistant Commissioner, Bahawalpur, Sardar Muhammad Yaqoob Khan, City Magistrate, Bahawalpur and other Police Officers and all of them proceeded to Police Station Cantt. Sana Ullah Butt, S.-I., who was Additional Station House Officer, Police Station Cantt. After hearing this conversation on wireless, also returned to his police station.
On his arrival at the Police Station Ahmad Hassan, Constable. Also reached there, in presence of above said officials, he produced his service revolver, along with six live bullets, which were unloaded and three live bullets were also in his holster. At the time of producing the above said ammunition, Ahmad Hassan stated that with this revolver, he had fired six shots on the person of Malik Muhammad Ashraf, D.I.-G. Official car with its key of the D.I.-G. Bearing No,2800/BRD which he had brought with himself, along with all other articles were taken into possession through different recoveries memo. Separately.
4. It may also be mentioned here, that Ahmad Hassan, accused (appellant) also stated that dead body of the deceased was lying in the Diggi of the car and on his potation, Ahmad Hassan accused (appellant) opened the lock of the digit and got recovered dead body of Malik Muhammad Ashraf, D.I.-G., which was identified by S.P. The dead body was taken into possession, inquest report was prepared, the same was sent under the escort of Sana Ullah Butt, S.-I. To B.V. Hospital along with other articles. Ahmad Flassan driver/appellant also opened the door of the car and got recovered two kalashnikovs with magazines. Those were taken into possession through separate recoveries memos. From the above said car further six empty cartridges fired from service revolver .38 bore were also taken into possession and were sealed into parcel. Separate parcel of the revolver was also prepared and sealed. Parcel of both these kalashnikovs were separately prepared and sealed.
About the personal articles belonging to the deceased D.I.-G. Which were lying in the car, a list was also prepared. Blood was also taken from the car. The official uniform of the accused was also taken into possession which was blood-stained and the same was sealed into a parcel. Private clothes were provided for wearing to the accused and he was taken into custody by the complainant so that he may not commit suicide or legal heirs of Abdul Rehman, A.D.I.-G. Deceased may not take revenge there and then. It was further stated that his formal arrest would be made at the proper time. It is also stated in this F.I.R. That in the murder case of Abdul Rehman, A.D.I.-G.
Another case on the statement of his son Anees-ur-Rehman was registered in Police Station Cantt.
Vide F.I.R. No,213 of 1998. Muhammad Ahmad Khan complainant further stated that in the murder of Malik Muhammad Ashraf, D.I.-G., an information was given to Police Station, Channigoth.
Complainant lastly stated in this Rapat that he would himself investigate the case.
5. During the course of investigation, it came to light that both Ahmad Hassan and Muhammad Aslam while conspiring with each other and in prosecution of their common intention committed the murder of D.I.-G. For the reasons that some anonymous applications were sent to Malik Muhammad Ashraf, D.I.-G., stating therein that both these accused persons were involved in blackmailing of Police Officers and were involved in taking bribe from different persons and were in fact, misusing their official duties. It also came to light, during investigation that D.I.-G. Had reprimanded them and had warned them that he would send them to jail and would take strict action against them. Furthermore, two other police officials were also recommended in their place to work with D.I.-G. This was also a cause of annoyance to them against the deceased, D . I. -G .
6. Both the appellants were arrested and challenged in this case. Chillan was submitted before the Court of Special Judge, Special Court, Anti-Terrorism, Bahawalpur-I. The learned trial Court tried both of them and convicted and sentenced both of them as mentioned above.
7. Prosecution in order to prove its case produced 32 witnesses in all. Thereafter, the statement of Muhammad Siddique C.W.1 was recorded by the learned trial Court then the statements of both these appellants were recorded under section 342, Cr.P.C. Muhammad Aslam appellant also produced two D.Ws. Namely Muhammad Azam D.W.1 and Manzoor Ahmad D.W.2. Although as mentioned above, there were 32 prosecution witnesses but mainly conviction of both the appellants 'rest on the last seen evidence consisting of the statements of Nazir Ahmad, P.W.20 belonging to public, Jam Faiz Ahmad, A.S.-I. P.W.16, Maqsood Ahmad, F.C. P.W.18, Taj Muhammad driver, P.W.7. Then there is judicial confession of both the appellants recorded by Khan Bahadur Ali Khan, Civil Judge 1st Class/Judicial Magistrate Section 30, Ahmad Pur East. P.W.22, who recorded their judicial confession on 27-6-1998, which are Exh.P.CC. And Exh.P.DD. Regarding Ahmad Hassan and Muhammad Aslam appellants respectively. Muhammad Aslam appellant also got recovered his blood-stained uniform from his quarter on 11-6-1998 and was taken into possession vide recovery memo. Exh.P.JJ. According to the report of Chemical Examiner and that of Serologist Exh.P.DD. And Exh.P.EE. Respectively, the blood-stained earth, service uniforms of Ahmad Hassan and Muhammad Aslam appellants and the seat cover of the car of D.I.-G., were stained with human blood, then there are two reports of fire-arm expert Exh.P.FFF. And Exh.P.GGG regarding the six crime empties of .38 bores marked as C.1 to C.6, which were compared with the service revolver of .38 bore of Ahmad Hassan and it was found that these crime empties were fired from the said revolver of Ahmad Hassan. Four crime lead bullets, marked as B.1 to B.4, recovered from the dead body of Malik Muhammad Ashraf, D.I.-G. Deceased were examined and compared with the test lead bullets prepared from the revolver of .38 bore, belonging to Ahmad Hassan and it was found that all these crime lead bullets were fired from his revolver and the report of Fire-arm Expert is Exh.P.GGG. There is evidence of motive, coming from the mouth of Haq Nawaz, Inspector, Reader of D.I.-G. Examined as P.W.12, who stated that some anonymous applications against both the appellants for indulging in bribery were received, on which D.I.-G. Had told both the appellants for taking action against them. Further in their place some honest officials were also recommended to work with D.I.-G. On behalf of A.D.I.-G., thereafter both these appellants before Haq Nawaz had stated that they would deal with the D.I.-G. There is also evidence of Ch. Riaz Ahmad, Ex- Commissioner, Bahawalpur, who stated before the learned trial Court on oath, that he had heard the conversation between Ahmad Hassan and Muhammad Ahmad Khan, S.P., C.I.A., complainant in the instant case on the wireless, wherein Ahmad Hassan claimed that he had killed the D.I.-G. And A.D.I.-G. And would shoot other persons. Muhammad Ahmad Khan, S.P., C.I.A. Complainant P.W.32, is the Investigating Officer in this case and was examined by the learned trial Court.
' He had stated that Ahmad Hassan accused had admitted that he had killed Abdur Rehman Bhatti, A.D.I.-G. With kalashnikov, lying in the said car and he could lead to the recovery for the same. He opened the lock of car with the same key P.13 got recovered kalashnikov P.47 alongwith magazine containing 26 bullets P.48 (1-26), and one live bullet in Chamber of the Kalashnikov.
Kalashnikov P.47 along with bullets P.49 (1-27) were taken into possession vide recovery memo.
Exh.P.KK. And made into a sealed parcel. Exh.P.KK. Is in his hand and bears his signatures. Exh.P.KK.
Was also signed by Sana Ullah and Muhammad Yaqoob P.Ws.
' Then Ahmad Hassan appellant led to the recovery of another Kalashnikov P.52, lying in the said car, along with magazine P.53 containing 30 live bullets (1-30), besides these three other magazines containing 30 bullets each P.54 (total 1-120) live bullets. Kalashnikov P.52 alongwith the magazines containing bullets P.54 (1-120) were taken into possession vide recovery memo.
Exh.P.MM. This Kalashnikov was also made into a sealed parcel. The recovery memos. Are in his hand and bears his signatures along with the signatures of P. Ws.
' Then Ahmad Hassan appellant, while admitting that he had killed Malik Muhammad Ashraf, D.I.-G.
With revolver P.11 was unloaded and its empties were lying in the said car. He led to the recovery of six empties P.51 (1-6), which were taken into possession vide recovery memo. Exh.P.LL. And made into a sealed parcel. The recovery memo. Exh.P.LL. Is in his hand and bears his signatures along with signatures of P.Ws.
' On the same day he took into possession a pair of Chappel P.77 (1-2), a pair of dress i,e, Shalwar and Qamees P.78 (1-2), vide recovery memo. Exh.P.CC., which is in his hand and bears his signatures. P.Ws. Attested the same. Then he took into possession a cap P.55, made of Kroshia and a wristwatch P.56, which was stopped at the time of 7 (hours) 00 (minutes). 50 (seconds) and Tasbeh P.57 (containing 35 beads) vide recovery memo. Exh.P.NN. The articles recovered vide Exh.P.NN. Are personal property of Late Malik Muhammad Ashraf, D.I.-G. The Exh.P.NN. Is in his hand and bears his signatures and signatures of the P.Ws.
' The rear seat of the said car was found blood-stained. He cut the piece of seat cover P.79 (ragzine) and made into a sealed parcel. The recovery memo. Of P.79 is Exh.P.SS. Which is in his hand and bears his signatures. Recovery memo. Exh.P.SS. Was also attested by the P.Ws.
' He took into possession the personal belongings of the D.I.-G. P.8 to P.76 vide recovery memo.
Exh.P.00. Which is in his hand and bears his signatures and got attested by the P.Ws.
' After completion of these recoveries he took into possession official Car No,BRD/2800 vide recovery memo. Exh.P.RR. The recovery memo. Is in his hand and contains his signatures along with P.Ws.
' He again took into possession the key P.13 from Ahmad Hassan accused vide recovery memo.
Exh.P.VV. This is also in his hand and signed by him and P.Ws.
' On the following date i,e, 11-6-1998 he received the copy of F.I.R. No,113 of 1998 of Police Station Channigoth Exh.P.XX. And started investigation at 1-30 a.m. He recorded statements of six P.Ws.
Including statements of Taj Muhammad No,1456, Driver and Muhammad Abbas No,219/C Telephone Operator of D.I.-G. House, who was already examined by the learned trial Court. After completion of this formality he reached police control office in District Police Lines, Bahawalpur and inspected their record. He took into possession copy of Log Book from pages Nos.71 to 85 vide recovery memo. Exh.P.K., and he also took into possession copy of entries of Rozenamcha Exh.P.H.
And Exh.P.H./1 vide the same recovery memo. Which is in his hand and bears his signatures. P.Ws.
Also attested the same. He recorded the statements of Muhammad Iqbal, A.S.-I. Shift Incharge of Police Control Office, who was governing all the affairs. Rasheed Ahmad No,404/HC Kot Moharrer, P.W. Appeared before him and placed the record of distribution of official arms and ammunitions.
He checked the record and signed the register in red ink. Log Book of wireless control and their Rozenamcha also bears his initials in red ink. He recorded the statements of Muhammad Iqbal, A.S.-I. (Wireless Operator) Muhammad Khalid (Wireless Mechanic) and Rasheed Ahmad Moharrer, under section 161, Cr.P.C. He left for B.V. Hospital, Bahawalpur, where he recorded the statements of Ch. Riaz Ahmad, Ex-Commissioner, Syed Shaukat Ali Shah, Ex-Deputy Commissioner and Muhammad Yacioob, Ex-City Magistrate, under section 161, Cr.P.C.
' Muhammad Aslam Ghuman, appellant was arraigned who was examined and arrested by him in B.V. Hospital, Bahawalpur. He took into possession an official revolver P.82 alongwith 15 live bullets P.83 (1-15) vide recovery memo. Exh.P.UU. The revolver was made into a sealed parcel. Recovery memo. Is in his hand and bears his signature and this was attested by the P.Ws.
' During intr.t.4ation Muhammad Aslam appellant admitted that he had put off his uniform, which was lying at his house awl he could lead to the recovery of same. He was brought in police lines from where he led to his official quarter No,8-A allotted to him by the then D.1.-5. Mr. Shaukat Javed, the application is Exh.P.BBB. He identified the signature of allotment order of then D.I.-G. Because he had served under him twice, a;, S.P., Special Branch, Gujranwala and S.P. C.I.A., Bahawalpur. This order of allotment of the D.I.-G. Was entered into order Book Register at Serial No,97 of 1997, dated 24-6-1997. He placed the original record and photo copy which is Exh.P.BBB/1. Exh.P.PP/1 is the correct photo copy of the original record which has been seen and returned. Muhammad Aslam appellant, while under custody led him to the recovery of the articles of his uniform, which were placed in the space of window of his residential house. These articles P.35 to P.41 were taken into possession, vide recovery memo. Exh.P.JJ. Shirt P.36, Belt P.37 and Pent P.38 were blood-stained, which were made into a sealed parcel. Recovery memo. Exh.P.JJ. Is in his hand and bears his signature, which were attested by. P.Ws. He prepared the unsealed site plan of place of recovery of uniform of appellant Muhammad Aslam, which is Exh.P.JJ./1. All the drawings, Nos. And one marginal note, are in his hand and bears his signature. He recorded the statements of recovery witnesses under section 161, Cr.P.C.
' On the same morning i,e, 11-6-1998, he examined Ahmad Hassan appellant in this case and arrested him formally.
' Again he reached D.I.-G. Office, Bahawalpur from where he took into possession the Note Book P.17 wherein uptodate entries till 8-47 p.m. Of 10-6-1998 were made by the Late A.D.I.-G. Abdur Rehman Bhatti, he also identified his handwriting. He took into possession this Note Book P.17 which was containing an envelope with two anonymous letters P.19 and 20 alleging the conduct of both the accused, present in Court. This diary P.17, envelope P.18, applications P.19 and 20 were taken into possession vide recovery memo. Exh.P.M., which is in his hand and bears his signature. This memo.
Was attested by the P.Ws.
' Rao Taj Muhammad P.W., Office Superintendent, D.I.-G. Office placed before him, copies of Fax messages addressed to S.P. Of Rahimyar Khan and Bahawalnagar requesting wherein to recommend suitable drivers for D.I.G., Bahawalpur. These messages were signed by Abdur Rehman Bhatti, A.D.I.G. On behalf of Late D.I.-G. Malik Muhammad Ashraf.
' From the thorough search of the site he found drops of blood on earth, which, too, were taken into possession vide recovery memo. Exh.P.X and made into a sealed parcel. Exh.P.X. Is in his hand and bears his signatures. The memo. Was attested by the P. Ws. As this place was also having visible footprints and tyre marks, so he directed S.H.O. To get the photographs of this scene and also to prepare moulds of both the respective places.
' On 26-6-1998 he shifted both the appellants in judicial custody. As both were ready for confessional statements, so he wrote an application to Illaqa Magistrate, Channigoth to record their statements under section 164 of Cr.P.C. As he was presumed to be an interested witness, so he directed D.S.P./S.D.P.O. Ahmadpur East to fetch the appellant from jail and produce them in the Court of Judicial/Maga Magistrate. On 27-6-1998, D.S.P./S.D.P.O. Ahmadpur East did accordingly and intimated him about the completion of statements.
8. One C.W. Namely Muhammad Siddique was also examined by Court. According to whose statement on 10-6-1998, he received a message on wireless being a wireless operator that Muhammad Aslam appellant was suspended. Two D.Ws. Were also produced namely Muhammad Azam brother of Muhammad Aslam appellant stating before the learned trial Court that on 26-6- 1998 a person met him in the Bazar of Ahmadpur East and told him that his brother would be produced on 27-6-1998 in the Court of Bahadar Ali Khan, Civil Judge/Judicial Magistrate Section 30, P.W. He along with his mother went to the Court of above said Judicial Magistrate (P.W.) at 8-00 a.m. And remained there till 3-00 p.m. And his brother Muhammad Aslam appellant was never produced in the said Court. He further stated that at about 11-00 a.m. Muhammad Saleem Akhtar, D.S.P. Ahmadpur East came in the Court and after about five minutes, thereafter, he took with him Bahadar Ali Khan, Judicial Magistrate in his Jeep and did not turn up in Court till 3-00 O'Clock. There is statement of D.W.2 namely Manzoor Ahmad, produced by Muhammad Aslam appellant, who stated that eight months prior he was sitting outside the Baithak, ( L-14;:!) owned by one Hashim, both the appellants were brought in vehicle, they were in hand-cuffs, D.S.P., Ahmadpur East came alongwith Bahadar Ali Khan, Civil Judge/Judicial Magistrate, therein two policemen came to him and asked him to leave the place where he was sitting with the Hashim.
9. Learned counsel for the appellants have read before us, the prosecution evidence and makes the following submissions. First of all learned counsel for Ahmad Hassan appellant submits that it was an witnessed occurrence, that there is no eye-witness in this case, that the appellant has been falsely implicated in this case, that the recoveries were planted on the appellant, that the judicial confession recorded by Bahadar Ali Khan, Judicial Magistrate is not in accordance with law and also against the rules framed by the Honorable Lahore High Court, called as H.C. Rules and Orders and so said statement cannot be used against Ahmad Hassan appellant, that the F.I.R. Was recorded after preliminary investigation, that the evidence of last seen is a very weak type of evidence, that most of the witnesses are police officials and public witness namely Nazir Ahmad was under the influence of Zamindars of the area, that although the recoveries were effected from Ahmad Hassan appellant on the night between 10th and 11th June, 1998, but he remained in physical remand for 15 days without any reasonable cause. He submits that in fact, during this period, police officials were torturing him and thereafter in connivance with the Magistrate, concocted a false confessional statement of the appellant. He further submits motive stated by Haq Nawaz, Reader of the D.I.-G. Is a concocted one, that anonymous applications were also prepared later on, to involve the appellant in this case, that there was no application on behalf of the appellants or from the Jail Superintendent about their making voluntary judicial confessional statement, that no motive was given in the F.I.R., that the F.I.R. Was recorded after due deliberation and consultation, that there was no previous enmity between the deceased and the appellant Ahmad Hassan, that no inquiry was pending against Ahmad Hassan appellant. Lastly, he submits that immediate cause of murder of D.I.-G. Is not known, so the motive is shrouded in mystery. He has also relied upon 1992 PCr.LJ 131.
10. Learned counsel for the appellant Muhammad Aslam also makes the same submissions which the learned counsel for Ahmad Hassan appellant has made. The only difference is that he submits that there is no direct or indirect evidence against Muhammad Aslam appellant, that he did not cause any injury on the person of Malik Muhammad Ashraf, D.I.-G. He also submits that bloodstained uniform has been planted on Muhammad Aslam appellant. He also submits that two D.Ws. Were also produced by the appellant in support of his submission. He submits that judicial confession is totally illegal and concocted one. He has also relied upon PLD 1994 Pesh. 155, 1997 PCr.LJ 227 and PLD 1973 Lah.
714. Lastly, he submits that learned trial Court has not discussed the prosecution evidence and also did not touch the defence evidence produced by Muhammad Aslam appellant.
11. On the other hand, learned counsel for the State assisted by learned counsel for the complainant submits that this is not a case of false implication, but it is a case of highhandedness, wherein the subordinates of D.I.-G. Killed him in a very brutal and cold-blooded manner. They fully support the judgment of learned trial Court.
12.
12. We have heard the learned counsel for the parties and have also gone through the evidence recorded by the learned trial Court at great length very carefully and minutely. In the instant case, all the witnesses produced by the prosecution are impartial, independent, having no relation with the deceased and so there is no question of false implication of the appellants. Although there is no direct evidence in this case but there is evidence of last seen furnished by Nazir Ahmad P.W.20, Jam Faiz Ahmad P.W.16, Maqsood Ahmad P.W.18, Taj Muhammad P.W.7, F.C. Driver Squad of D.I.-G.
They have unanimously stated before the learned trial Court that they had seen the deceased in company of both these appellants. Then there is evidence of Ch. Ritn Ahmad, Ex-Commissioner, Bahawalpur and other P.Ws., who had stated before the learned trial Court that they had heard the conversation between Muhammad Ahmad Khan, S.P., C.I.A. And Ahmad Hassan appellant on wireless. There is evidence of surrendering of Ahmad Hassan appellant before the complainant Muhammad Ahmad Khan S.P., C.I.A. P.W. Ahmad Hassan appellant had also got recovered the dead body from the diggi of the car on his pointation and he also got recovered service revolver alongwith six crime empties. He also got recovered his blood-stained uniform. According to the reports of Fire-arm Expert these crime-empties taken from the car of D.I.-G. Have matched with the service revolver .38 bore produced by Ahmad' Hassan, then the most important evidence against Ahmad Hassan appellant was that three lead bullets recovered from the dead body of Malik Muhammad Ashraf, D.I.-G., deceased which were handed over to the police after the post-mortem examination by the doctor also matched with the service revolver of the appellant Ahmad Hassan.
There is no question of false implication or substitution in the instant case, there is evidence of last seen, judicial confession, matching of crime empties, reports of Chemical Examiner and Serologist about the blood-stained uniforms of Ahmad Hassan appellant. Lastly, a very strong piece of evidence of judicial confession of appellant which is a voluntarily one and in accordance with law which proves the case against the appellant Ahmad Hassan beyond any shadow of doubt.
13. In our view, prosecution has proved its case against the appellant Ahmad Hassan. The evidence produced by the prosecution has come from an unimpeachable source. Every chain of the prosecution evidence is linked with each other. There is no gap in those links. As far as, submission of learned counsel that immediate cause of murder is not known to anybody, so Ahmad Hassan is entitled for lesser punishment does not call for any interference by this Court for the reasons that in his judicial confession, which is Exh.P.CC., himself had given the motive of the murder of the D.I.-G.
Moreover, Haq Nawaz, Inspector/Reader of the D.I.-G. Examined as P.W.12 has also given reasons and motive for the murder of D.I.-G. The manner in which the deceased was murdered and the number of injuries which were caused, on the vital parts of the body of Malik Muhammad Ashraf deceased by Ahmad Hassan appellant does not deserve him any concession from this Court.
14. In this view of the matter, conviction and sentence awarded to Ahmad Hassan appellant by the learned trial Court is maintained. Death sentence awarded to the appellant Ahmad Hassan is confirmed. Murder Reference is replied in affirmative to his extent.
15. Now we take up the case of Muhammad Aslam appellant. Although, there is evidence of last seen evidence of judicial confession, which, he made on 27-6-1998 before Bahadar Ali Khan, Judicial Magistrate, which is Exh. P. DD. Recovery of blood-stained uniform which Muhammad Aslam appellant got recovered. Reports of Chemical Examiner and that of Serologist which are positive in nature in this behalf. No enmity with the P.VVs., who appeared against him. There is no question of his false implication in the instant case. Moreover, Ahmad Hassan in his, judicial confession also inculpate Muhammad Aslam appellant and also vice versa. There is sufficient ocular and documentary evidence on record which connects Muhammad Aslam appellant with commission of murder of the- deceased D.J.-G. In this case. Two D.Ws. Were produced by Muhammad Aslam appellant, one of them i,e, D.W.1 Muhammad Azam, is his brother, while Manzoor Ahmad D.W.2 was also produced in his defense.
16. We have gone through the evidence of above said. Two D.Ws. All this defense evidence is afterthought, it has got no legs to stand. No reliance can be placed on those two witnesses, their intention was to stand in the way of evidence of prosecution witnesses given against Muhammad Aslam appellant. So in our view, prosecution has also proved its case against the appellant Muhammad Aslam beyond any shadow of doubt but there is a mitigating circumstance in his favors i,e, that there is no evidence on the record, that he also caused any injury on the person of deceased D.I.-G. In this case. This factor is a mitigating circumstance in favors of Muhammad Aslam appellant. Although his conviction under section 302, P.P.C. Is maintained but his sentence is converted to life imprisonment, so the death sentence awarded to Muhammad Aslam appellant is not confirmed. Murder Reference as far as Muhammad Aslam appellant is concerned, is replied in negative. However, the sentence of fine, which was in the shape of compensation as required under section 544-A, Cr.P.C. As ordered by the learned trial Court is maintained. With this modification, in the sentence of Muhammad Aslam appellant above murder reference and both these criminal appeals are disposed of.
Death sentence of Ahmad Hassan appellant is confirmed.
Death sentence of Muhammad Aslam appellant is not confirmed.