' KH. MUHAMMAD SHARIF, J:---This judgment will dispose of M.R. No, 24 of 1996, Criminal Appeal No, 144 of 1996 filed by Ghulam Rasool, Akbar and Nazir alias Dhari and Criminal Appeal No, 1411 of 1996 filed by Muhammad Sadiq only. There is a Criminal Appeal bearing No, 149-J of 1996 which was filed from Jail by all the appellants namely, Ghulam Rasool, Akbar, Muhammad Sadiq and Nazir alias Dhari. They were convicted and sentenced by the learned Sessions Judge, Bahawalnagar ctn 14-12-1996 for causing the murder of Riaz Ahmad aged 25 years and Mumtaz aged 14/15 years and also for causing injuries on the person of Noor Ahmad and Niaz Ahmad. Although, there were two other injured P.Ws. Namely, Hussna Bibi and M.,1 Majeedan Bibi but they were not exarrtine the prosecution. The sentences were as under:-- ' Under section 460, P.P.C. All the accused namely, Ghulam Rasool, Muhammad Akbar, Muhammad Sadiq, and Nazir alias Dhari, were convicted and sentenced to imprisonment for life and fme of Rs,20,000 (twenty thousand) and in default of payment of fine they shall further undergo for one year.
' Under section 302/34, P.P.C. For committing the murder of Riaz Ahmad deceased all the above said accused were convicted and sentenced to death and fine of Rs,20,000 (twenty thousand). In default of payment of fine they shall further undergo one year's R.I.
' Under section 302/34, P.P.C. For committing the murder of Mumtaz Ahmad deceased all the accused were convicted and sentenced to death with a fine of Rs,20,000 (twenty thousand) each.
In default of payment of fine, they shall further undergo one year's R.I.
' Under section 394/34, P.P.C. All the above said accused were convicted and sentenced for causing injuries to Noor Ahmad P.W1 to undergo imprisonment for life with a fine of Rs,20,000 (twenty thousand) each, or in default to undergo "further R.I. For one year.
' Under section 337-F(i)/34, P.P.C. All the accused were convicted for causing injuries to Noor Ahmad P.W. And were sentenced to one year R.I. And Daman of Rs,10,000 (ten thousand) each. After recovery of said amount the same shall be paid to the injured P.W.
' Under section 337-F(iii)/34, P.P.C, the above said accused were convicted for causing injuries to Niaz Ali P.W., as Ghayar Jaifah Mutalahimah and sentenced to three years' R.I. And Daman of Rs,10,000 (ten thousand). This amount, if recovered shall be paid to the injured P.W. All the sentences shall run concurrently and fine, if recovered shall be paid to the legal heirs of the deceased as compensation under section 544-A, Cr.P.C.
2. The occurrence in this case took place on 27-10-1992 at 12-30 (midnight), a.m in the house of Noor Ahmad, complainant, situated in Mauza Kharajpura, Tehsii and District Bahawalnagar, 5-1/2 k.m away from the Police Station Dunga Bunga, District Bahawalnagar and matter was reported to the police on the same day i,e, 27-10-1992 at 1-45 a.m.
3. Briefly stated the facts of the prosecution case as narrated in the F.I.R., by the complainant are that the complainant was resident of klauza Kharajpura, he was cultivator by profession. He had constructed a dera in his lands where he was residing alongwith his three sons. The eldest son was Riaz Ahmad and also a married one. Mumtaz Ahmad and Niaz Ahmad were younger to Riaz Ahmad. At the time of occurrence, wife of complainant, namely, Mst. Husna Bibi alongwith her daughter-in-law Mst. Majeedan wife of Riaz deceased were sleeping in the residential Kotha while the complainant was sleeping near to them in order to look after his cattles while- Riaz Ahmad, Mumtaz A.Hmad and Niaz Ahme sons of the complainant were sleeping in the courtyard of the house which had no fore-wails.
4. At about 12-30 (midnight) a.m, Mst. Majeedan called her husband namely Riaz Ahmad from inside her Kotha to the effect that some persons had bolted the outer gate of the Kotha (residential room) on which Riaz Ahmad woke up and called Bashir Ahmad son of Qamar Din and then after unbolting the 'kunda' of the kotha went inside. After some time shrieks were heard from inside the 'Kotha' and then the noise became loud to the effect that 'murdered, murdered and 'looted', 'looted', on which complainant alongwith Mumtaz Ahmad, Niaz Ahmad and Bashir Ahmad woke up. All of them saw in the light of lantern which was lit six accused persons. Two of them were armed with 12- bore pistol,, one was armed with 32-bore revolver and three were armed with sotas. They were wearing black shalwar and Qameez and were talking in 'Punjabi' and were young people. The person who was holding a revolver asked for the keys of the, iron box from Riaz Ahmad, who resisted, on which the accused armed with revolver along with two others armed with pistols started indiscriminating firing. Due to the firing of the accused Riaz Ahmad died at the spot. Mst.
Husna Bibi wife of the complainant tried to save Riaz Ahmad and stepped forward when the accused armed with sota gave her injury with sota. All the accused persons threatened that if anybody came near their, he or she would also be killed. Due to fear nobody stepped forward.
Thereafter, the accused persons broke up the lock of the iron-box and started searching and thereafter took away the articles lying there and when they were coming out of the said room on the intervention of the complainant, Mumtaz Ahmad and Niaz Ahmad his sons, three accused persons armed with fire-arms started firing. One of the fire hit on the fore-head of Mumtaz Ahmad while Niaz Ahmad received a fire-arm injury on the thumb of his left hand. He was also given sota blows. Riaz Ahmad son of the complainant died at the spot while Mumtaz Ahmad became unconscious. It was further stated by the complainant that two of the assailants amongst six of them were having torch lights in their hands. They forcibly took away golden ornaments, cash, identity card of the complainant and his wife. Complainant also stated in Exh.P.R: which was registered at the Police Station on his statement that he would produce the list of the stolen articles lateron, and he and his witnesses can identify the accused persons, if they are produced before .Them. Thereafter, he went to police station and lodged F.I.R, Exh.P.R. Feroze Ahmad Inspector examined as P.W.15 after recording the F.I.R. Prepared the injury statement of Noor Ahmad and sent him to Hospital for medical 'examination. Thereafter, he proceeded to the place of occurrence, there he prepared injury statement of Mumtaz Ahmad and Mst.Husna Bibi and Niaz Ahmad and sent them for medical examination. Mumtaz Ahmad was unconscious at that time.
5. The Investigating officer, inspected the place of occurrence and prepared the inquest report of Riaz Ahmad deceased and sent his dead body for post-mortem examination. He also took into possession the blood-stained earth from under-neath the dead body of Riaz Ahmad and sealed it into a parcel vide memo. Exh.P.V.
6. The Investigating Officer also took into possession three crime empties of 12-bore weapon and made them into a parcel vide memo. Exhs.P.W./P.11 to P.13. He also recovered four pellets lying inside the kotha of Riaz Ahmad deceased P.14-P.17 and made them into sealed parcel vide memo. Exh.P.X.
He also secured one lantern P.18 which was burning at the time of occurrence vide memo. Exh.P.Y.
He .Also secured two locks P.19 and P.20 lying inside the kotha of deceased Riaz Ahmad and took also the iron boxes into possession vide memo. Exh.P.Z. He also secured 8 moulds from the distance of two acres from the place of occurrence ide memo. Exh.P.AA. He also secured 3 live cartridges of 30 bore weapon vide memo. P.19 and P.21, one missed cartridge of 0-bore weapons P.22 and 3 empties of 0-bore weapons P.23 to P.25. One piece of lead was .Also taken into possession from the lace of occurrence and all were sealed into Different parcels vide memo. Exh.P.BB. Noor Muhammad complainant also gave the details of stolen property and he prepared the list ide memo. Exh. P . R/1 .
7. On 2-2-1993 the Investigating officer arrested Ghulam Rasool accused. He was wearing citizen wrist watch P.27 one porch P.28 having two live cells P.29 and .30 and Rs,115. The same were taken into possession vide memo. Exh.P.I. He sent Ghulam Rasool to judicial lock-up for identification parade.
8. On 4-2-1993, the Investigating officer arrested Sadiq and Akbar accused. At the time of arrest Akbar accused was having 2 bore pistol P.4 along with two live cartridges P.5/1-2, which were taken into possession vide memo. Fxh.P.B.N. The investigating Officer also secured motorcycle o.5051,.
Honda CD-70 on which both these accused were travelling at the time of their arrest from Akbar accused vide memo. Exh.P.M. He also took into possession currency notes of Rs,54 from the possession of Akbar accused vide memo. Exh.P.L. He also recovered one wrist watch Seiko-5 and rupees 70, one torch with two live cells from the possession of Sadiq accused vide memo.P.M attested by the witnesses. He sent both the accused persons on the same day to the judicial lock- up and he recorded the statement of the recovery witnesses.
9. On 8-2-1993 identification parade was held in the District Jail, Bahawalnagar supervised by P.W.
17 Mr. Ahmad Masood Tariq Bhatti, the Magistrate 1st Class, Bahawalnagar and Ghulam Rasool, Muhammad Sadiq and Akbar accused were correctly identified by the P.W. Noor Ahmad and Niaz Ahmad while Mst. Husna Bibi identified, Sadie! And Akbar while Mst. Majeedan identified Ghulam Rasool and Akbar.
10. On 11-2-1993, Sadiq accused, while in police custody, led to the recovery of one lady suit P.6, 5 bangles P 7/1-5. Kunda P.8 from his residential kotha which were taken into possession vide memo.
Exh.P.O. On the same day, Sadiq accused also got recovered hatchet P.9 from his kotha which was taken into possession vide memo. Exh.P.P. On the same day, Akhar accused led to the recovery of pattari P.10 from his residential house from inside a pillow which was taken into possession vide memo. Exh.P.Q.
11. On 12-2-1993, Ghulam Rasool appellant led to the recovery of 3--bore pistol which was unlicenced, from near the Railway line lying buried in the 'Sarkanda' and the same was taken into possession vide memo. Exh.P.S. On the same day, Ghulam Rascol while in the custody of police, got recovered Pattari silver and a cloth of shalwar from the house of his co-accused Nazir from village Maleeka, Police Station Pakpattan Sharif vide memo. Exh.P,T. On the same ..Day, during the search of the house of Nazir accused one piece of shirt P,4, silver bangles, sangla and one identity card were secured into possession vide metric Exh.P.U. All the recovered articles were deposited by him it the 'Malkhana, which were later en ioelitified by the witnesses. Thereafter, he was transferred.
12. On 19-1-1994, Abdul Rehman, A.S.I. (P.W. 16) who while investigating this case arrested Nazir alias Dhari accused from judicial lock-up at Depalpur and on the same day he was sent to Police Station Dunga Bunga and then was sent to judicial lock-up in Bahawalnagar on 21-1-1994 for his identification. His identification parade was held on 2-2-1994 and thereafter his physical remand was taken. During the physical remand he led to the recovery of Pistol 12 bore, which was taken into possession on 15-2-1994. In the identification parade which was held by Ahmad Masood Tariq Bhatti, Magistrate Ist class, P.W.17 held on 20-2-1994. This accused was identified by Niaz Ahmad P.W. Noor Ahmad P.W. And Mst. Husna Bibi P.W.
13. The prosecution, in order to prove its case, produced 18 witnesses in all. There is Report of Chemical Examiner Exh.P.GG and that of Serologist Exh.P.FF. Thereafter, the statement of the appellants under section 342, Cr.P.0 were recorded in which they stated that they have been falsely implicated in this case by their enmies. Nobody appeared in defence as required under section 340(2), Cr.P.C.
14. Learned counsel for the appellants has read before us, the prosecution evidence, statements of the Appellants recorded under section 342, Cr.P.C and makes the following submissions. They submit that according to the F.I.R, no description of any of the accused in any regard was given, that on the day of occurrence, night was dark. They further submit that identification parade took, place-3-1/2 months after the occurrence and the appellants were already shown to the P.Ws., therefore, benefit of doubt should be granted to the appellants. They further submitted that identification parade was not held on accordance with High Court Rules and Order and also in accordance to the judgments give by the Superior Courts. They further sub that neither in the F.I.R.
Nor the witness before the trial Court have mentioned specific role of each of the appellant. The further submit that from Sadiq appellant hatchet was recovered. They further sub that no conviction under section 460, P.P. Can be awarded to the appellants. The further submit that police in order to show their efficiency has falsely implicated that appellants in the instant case. They submit that there is no report of firearm expert. The also submit that recoveries have been planted on the appellants. They lastly, submit the prosecution has failed to prove its case against the appellants and benefit of should be granted to the appellants, therefor appellants should be acquitted in the instant case.
15. On the other hand, learned counsel for the State submits that it was a case of promptly lodged F.I.R, that there are injury eye-witnesses in this case, that there was reason to falsely implicated the appellants in the instant case. Lastly, he submits the conviction and sentence awarded to appellants be maintained.
16. We have heard the learned counsel for the parties and have also gone through the prosecution evidence recorded by the learn trial Court with their assistance. In the instant case, occurrence had taken place in the house of the complainant and the injured P.Ws that there was no previous background on enmity of any sort between the appellants and the injured P.Ws. Had it been a case of false implication, complainant's party could have given the name of the appellants in the F.I.R In the instant case, two persons, who are so n the complainant, namely, Riaz Ahmad, who was a married one and aged about 25 years and other son, namely, Mumtaz Ahmad about 14/15 years have been killed by the appellants in the instant case. There are our injured P.Ws., namely, Noor Ahmad, complainant examined as P.W.11, Niaz Ahmad son of the complainant examined as .P.W.12 while two other eye-witnesses namely Mst. Haseena Bibi and Mst. Majeedan wife and daughter-in- law of the complainant respectively were not produced the prosecution. The two injured eye- witnesses produced by the prosecution, fined as P.W.11 and P.W.12 are most rural and star witnesses in the instant case. They are .The owner and resident of the house were the alleged occurrence had taken place. There statements cannot be disbelieved and same has come from an unimpeachable are. The Court has to see the quality of and not the quantity of evidence. There was no previous background of enmity order to falsely implicate the appellants. They had even no motive to falsely implicate appellants. Ocular account in this case is probated by medical evidence. In this statement of Dr.Shamshad Hussain O. P.W.5, who conducted the post-atom examination on the dead bodies of Mumtaz Ahmad deceased and Riaz. Ahmad degased respectively and found the following arise on their persons. The injuries on the son of Mumtaz Ahmad are reproduced now.
' INJURIES: ' A circular lacerated wound 1/2 x 1/2 c..m. On th8 forehead on right side near the medial line. Brain matter was coining out from the wound with clotted blood.
' A circular lacerated wound 1/2 x 1/2c.m. On the right side of forehead beside injury No, 1 .
' INTERNAL EXAMINATION ' Scalp was injured and congested. Skull was fractured on right side.
' RHORAX ' All the organs in the thorax were found healthy.
' ABDOMEN ' Stomach was empty. Small and large intestines were full of faecal matter. All the organs were found healthy.
' OPINION ' In his opinion, the case of death was due to injuries Nos. 1 and 2 which fractured the skull, damaged the brain matter and intracranial blood vessels and led to intracrimial haemorrhage and ultimately to death. Injuries Nos. 1 and 2 were sufficient to cause death in the ordinary course of nature. Both the injuries were ante-mortem and caused by fire-arms. One deformed pellet was recovered from the skull cavity and sealed in a phial and handed over to the police. The time between injuries and death was within 6 hours while between death and post-mortem examination, it was also within 6 hours. Exh.P.0 is the correct carbon copy of the post-mortem examination report while Exh.P.C/1 is diagram showing the location of injuries which are in his hand and bear his signatures and seal. The inquest report and the injury statement of the deceased Mumtaz Ahmad prepared by the police bears his signatures and seal.
' On the same day, the above said doctor found the following injuries on the person of Riaz Ahmad which is reproduced below.
' INJURIES
1. A circular lacerated- wound 1/2 x 1/2 c.m. On the front of chest on right side beside the sternum in 5th intercostal space with contused and inverted margins.
2. A circular lacerated wound 1/2 x 1/2 c.m. On the front of chest on right side, slightly at lower level to injury No,1 with inverted margins.
3. A grooved elongated wound 2 x 1/2 c.m. With lacerated margins on the lateral wall of the chest on right side in the middle portion.
4. A circular lacerated wound 1/4 x 1/4 c.m. With everted margins on the back of right shoulder exit of injury No,4.
' INTERNAL EXAMINATION ' Skull was fractured posteriorly during the post-mortem procedure otherwise NAD.
' THORAX ' I- Walls pleuras, right lung, left lung and heart were perforated. Rest of the organs were healthy.
' ABDOMEN ' Stomach was empty. Small and large intestines were full of faecal matter. All the organs were found healthy.
' OPINION ' In his opinion, the cause of death in this case was due to injury No, 1 which punctured the heart and lungs and caused successive haemorrhage in the thorax and hypovolumic shock and ultithately lead to death. Injury No I was sufficient to cause death in the ordinary course of nature.
All the injuries were ante-mortem and were cause by fire-arms. One deformed pellet was recovered from the thorax sealed in a phial and handed over to the police. The time between injuries and death was within one hour while between death and post-mortem examination, it was about 12 hour Exh.P.D/. Is the correct copy of the post mortem examination report while Exh.P.D./ is diagram showing the location of injuries which are in his hand and bears his signature and seal.
The injury statement and the in question report of Riaz Ahmad deceased prepared be the police also bears his signatures and seal.
' He handed over the dead bodies after the post-mortem examination, last worth ' clothes of both the deceased, post-mortem reports, two sealed phials containing pellet and other police papers to Nazir Ahmad F.C 298.
' Mian Muhammad Akram Wattoo Advocate on behalf of Akber accused.
' The possibility of infliction of injuries Nos.1 and 2 on the dead body of Mumtaz Ahmad and Riaz Ahmad deceased with the same type of weapon cannot be rule out. The distance of the assaillant from the person of Mumtaz Ahmad deceased at the time of infliction of injuries Nos.1 and might be at more than 10/12 yards. Same in the case of injuries Nos. 1 and 2 of Riaz Ahmad deceased.
Mumtaz and Riaz Ahmad deceased might had taken their last meal. About 6 hours prior to their death. In her opinion, there was no chance of any speech conversation. By both the deceased after the infliction of injuries on their person..
' By defence learned counsel .Mian Muhammad Tayyab Wattoo, Advocate of behalf of Ghulam Rasool accused.
' Since the pellets were recovered from the dead bodies of both the deceased, I am of the opinion that the crime weapons were 12 bore short guns.
' Them there is statement of Dr. Muhammad Salim, M.O, P.W.6, who has medically examined Noor Ahmad complainant, Mst. Husna wife of Noor Ahmad complainant, Niaz Ahmad P.W and Mumtaz Ahmad deceased, who were brought in an injured condition to the hospital, which is reproduced below.
"On 27-10-1992, I was posted as M.O at the Rural Health Centre, Dunga Bunga. On the same day, Zulfiqar F.0 No,424 produced before me Noor Ahmad son of Suleman caste Panwar Rajput, resident of Mauza Kharajpura for medical examination, therefore, I medically examined him on the same day at 2-30 a.m. And found the following injuries on his person: ' INJURIES
1. A lacerated wound measuring 4 x 1 c.m. On the middle of right arm x skin deep transverse in direction.
2. A lacerated wound 1 x 1 c.m. On the back side of right for arm skin deep transverse in direction:
3. A lacerated wound 2 x 1 c.m, on the upper arm above the elbow joint. It was skin deep and oblique in direction.
4. Red marking with mild swelling 6 x 2 c.m. And 10 x 3 c.m. On the left side of back above the left kidney area transverse in direction.
' Injuries Nos.1, 2 and 3 were declared as Ghayr Jainfah Damiyah while injury No,4 was Jaifah Damiyah. Injury No, 1 was caused by sharp-edged weapon, while injuries Nos.2, 3 and 4 were caused by blunt weapon, with the duration of within 6 hours. Exh.P.E is the correct carbon copy of the M.L.R. While Exh.P.E/1 is diagram showing the location of injuries and Exh.P.E./2 is injury statement prepared by the police. Exh.P.E and Exh.P.E/1 are in my hand and bear my signatures.
' On the same day, at the same time I medically examined Mst. Husna wife of Noor Ahmad, aged about 50/55 years, caste Panwar Rajpute. She was produced before me by the police. She had a lacerated wound 6 x 2 c.m. On the eye-brow of the left eye. The bone was exposed and transverse in direction. This injury was declared as Shajjah Mudiha and caused with blunt weapon with the duration of within 6 hours. Exh.P.F. Is the correct carbon copy of the M.L.R. While Exh.P.F/1 is the diagram of the injury which are in my hand and bears my signatures. Exh.P.R/2 is the injury statement prepared by the police.
' On the same day, and at the same time, I medically examined Niaz Ali son or' Noor Ahmad, caste Panwar aged 15/16 years. He was produced before me by the police. I found the following injuries on his person.
' INJURIES
1. Two punctured wounds 1/2 x c.m. On the palmer side at the root of the left thumb. The margins on the palmier side were inverted and margins on the posterior side were everted. The wound was through into through. Everted margins were 3/43[3/4 c.m.
' This injury was declared as Ghayr Jaifah mutlahimah. It was caused by fire-arms weapon with the duration of within 6 hours. Exh.P.G. Is the correct carbon copy of the M.L.R. While Exh.P.G/1 is diagram of injuries which are in my hand and bears my signatures. Exh.P.G/2 is injury statement prepared by the police which bears my signatures and seal.
' On the same day, and at the same time, I also medically examined Mumtaz Ahmad son of Noor Ahmad, aged about 12/13 years caste Rajpute Panwar. He was also produced before me by the police and I found the following injuries on his person; ' INJURIES
1. A punctured wound 1/2 x 1/2 c.m. On the right side of the fore-head laterial to the medicine line.
The brain 'pater was coming out with clotted blood.
2. A rounded wound 1/2 x 1/2 c.m. On the fore-head 2 c.m. Behind injury No,1 ' Both the injuries were kept under observation and the patient was referred to D.H.Q., Hospital, Bahawalpur for treatment. Both the injuries were caused by fire-arms' with-duration of within 6 hours. Exh.P.H. Is the correct carbon copy of the M.L.R. While Exh.P.H/1 is the diagram of the injuries which are in my hand and bears my signatures. Exh.P.H/2 is the injury statement prepared by the police and signed by me. After the medical examination, I handed over the M.L.Rs, of all the injures persons alongwith the police papers to the concerned police official. Xxxx By the defence learned counsel on behalf of Sadiq accused.
' Nail Opportunity given. xxxx By Mian Muhammad Akram Wattoo, Advocate on behalf of Akber accused.
' Injury No, 1 on the person of Noor Ahmad may be inflicted from a distance of 5/6 feet. Injury No,1 on the person of Noor Ahmad was not caused by lire-arm. The injury on the person of Niaz P.W was caused from a distance of 15/16 feet and from the front side. Xxxx By the defence' learned counsel on behalf of remaining accused. .
' I cannot say as to what type of fire arms weapon was used by assailents.
' The statements of both the doctors corroborate the ocular account furnished by these two P.Ws. It is correct, that they have not specified the role of each of the appellants in the F.I.R. And also before the learned trial Court, for the reasons, the statements which they had given were natural one. They are truthful witness. It is impossible in such like occurrences to specify the injuries attributed to every accused persons, where two persons have died and there are four injured P.Ws and the appellants are six in number and where indiscriminating firing is made there no specific roles can be specified, so the submissions made by learned counsel for the appellants in this regard, have no basis and have no legs to stand. Both the P.Ws. Had correctly identified all the appellants on 8- 2-1993 and 20-2-1994 while Mst.Husna and Mst. Majeedan were not produced in Court by the prosecution. One of them could not identify Ghulam Rasool appellant and other could not identify Sadiq appellant during the identification parade. Had these appellants been shown to the P.Ws.
Then Mst. Majeedan and Mst. Husna must have identified all of them. Then the recoveries were also effected from the appellants. Ocular account in this case is corroborated by medical evidence.
Identification parade had been held in District Jail and the recoveries were identified by the complainant and P.Ws. In our considered opinion, prosecution has proved its case against the appellants beyond any shadow of doubt. The appellants do not deserve any leniency from this Court. They in furtherance of their common intention, while armed with fire-arms and "sotas", criminally trespassed into the house of complainant, killed his two innocent sons and caused injuries on the persons of four P.Ws. They had come there with fire-arms and sotas with an intention to commit "Robbery" and also that if anybody tried to resist their act of committing "Dacoity" or committing this occurrence, then they were ready to kill and to cause injuries to the inmates of the house and this was a premeditated act, committed by the appellants. The case of none of the appellants is dis-tinguishable. Section 34,1 P.P.C. Is applicable to all of them because they had committed these offences in prosecution of their common intention.
18. In this view of the matter, all the appeals filed by the appellants fail, conviction and sentences awarded to the appellants by the learned trial Court are maintained and upheld in toto. Death sentence awarded to them are confirmed. Murder Reference is replied in affirmative.
' Death sentence awarded to both the appellants is confirmed.