' MUHAMMAD ASIF JAN, J.--- Nazir Ahmad appellant aged about 24 years stood his trial in the Court of Mian Abdul Latif, Additional Sessions Judge, Toba Tek Singh, for having committed triple murder, including patricide and matricide. Vide judgment; dated the 15th of July, 1992, the learned trial Judge convicted Nazir Ahmad appellant under section 302, P.P.C. On 3 counts for having murdered his father Muhammad Murad aged about 65 years, his paternal uncle Falaksher also aged about 65 years and his mother Mst. Rajan Bibi aged about 55 years and sentenced him to death on each count, subject to confirmation by this Court.
' Nazir Ahmad appellant was also convicted under section 201. P.P.C. For having concealed the 3 dead bodies in the compound of his house and sentenced to 7 years R.I. On each count along with a fine of Rs,5,000 on each count and in case of default in the payment of fine to further 2 years R.I.
On each count. The sentences were ordered to run concurrently.
2. The trial Court has referred this matter to this Court for confirmation of the sentence of death while Nazir Ahmad appellant has 'preferred an appeal from jail. We have heard both these matters together and are deciding the same through this judgment.
3. The occurrence took place about a week prior to the registration of the case at night time in the house of Nazir Ahmad appellant in Chak No,403/J.B. Which is about 7 miles from Police Station Chutiana, District Toba Tek Singh.
' The matter was reported by Ghulam Abbas (P.W.4) Lambardar of the chak, whose statement Exh.PB was recorded by Sub-Inspector Muhammad Akram (P.W.7), at the 'Adda' of the chak on the 25th of November, 1991 at 10.30 p.m.
' The formal F.I.R. (Exh.PB/1) was drawn on the same day at Police Station Chutiana at 11.10 p.m. By Moharrar Head Constable Muhammad Younas (P.W.8).
4. According to Ghulam Abbas (P.W.4) Lambardar of Chak No,403/J.B. Muhammad Murad deceased father of Nazir Ahmad appellant used to frequently visit the house of Ghulam Abbas (P.W.4) and did house-hold chores but he had not come to the house for the last 7 or 8 days which became a cause of some concern. On the 25th of November, 1991 at about 9.00 p.m. Ghulam Abbas (P.W.4) mentioned about the absence of Muhammad Murad deceased to Muhammad Siddique (P.W.6) and Muhammad Ramzan (not produced) and they decided to go and make enquiries about Muhammad Murad deceased. On reaching the house of Muhammad Murad deceased all three met Nazir Ahmad appellant and made enquiries about Muhammad Murad deceased whereupon Nazir Ahmad appellant was evasive and became nervous and after considerable hesitation eventually confessed that some 7 or 8 days ago when his mother Mst.
Rajan Bibi deceased and his paternal uncle Falak Sher deceased were away from the house he had a monetarrdispute with his late father Muhammad Murad, as a result of which he killed his father and buried his dead body in the compound of the house. On the next night Nazir Ahmad appellant's uncle Falaksher deceased came to the house to make enquiries about his brother Muhammad Murad deceased. Nazir Ahmad appellant was afraid that Falaksher deceased might find out the ugly truth and to save himself from that eventuality he murdered his uncle Falakshea deceased and buried his dead body in the compound. About 12 days prior to the visit of Ghulam Abbas' (P.W.4) Nazir Ahmad appellant's mother Mst. Rajan Bibi deceased returned to the house at night time and made enquiries about Muhammad Murad deceased and Falaksher deceased. Nazir Ahmad appellant tried to put off his mother Mst. Rajan Bibi but when she insisted he killed her and also buried her dead body in the compound of the house. He finally concluded by saying that he had made a great mistake.
5. Upon this devastating disclosure Ghulam Abbas (P.W.4) handed over Nazir Ahmad appellant to his companions Muhammad Siddique (P.W.6) and Muhammad Ramzan (not produced) and himself proceeded towards the Police Station to report the matter when he met Sub-Inspector Muhammad Akram (P.W.7) at the 'Adda' of the Chak who recorded his statement. (Exh.PB) and then accompanied him to the house of Nazir Ahmad appellant.
6. Sub-Inspector Muhammad Akram (P.W.7) informally arrested Nazir Ahmad appellant on the 25th of November, 1991 when he was in the custody. Of Muhammad Siddique (P.W.6) and Muhammad Ramzan (not produced). The same Police Officer formally arrested Nazir Ahmad appellant on the 26th of November, 1991 and on his pointation excavated the dead bodies of Muhammad Murad, Falak Sher and Mst. Rajan Bibi deceased and took them into possession vide recovery memorandum Exh.PF, Exh.PG and Exh.PH respectively. Further, on the pointation of the appellant the same Police Officer -secured blood-stained earth from Alit- place of murder of all the deceased persons and took it into possession vide recovery memoiandum Exh.PI, Exh.PK and Exh.PL respectively. Nazir Ahmad appellant also led to the recovery of bloodstained hatchet (P.1) which was taken into possession vide recovery memorandum Exh.PM. These recoveries were witnessed by Muhammad Siddique (P.W.6) and Muhammad Ramzan (Not produced).
' The blood-stained earth and hatchet were found to be stained with blood by the Chemical Examiner vide his report Exh.PO and the blood was found to be of human origin by the Serologist vide his report Exh . PP..
7. Dr. Muhammad Hayat who performed the autopsy on the dead bodies could not be produced as he had gone away to Saudi Arabia, therefore, the register pertaining to the relevant post-mortem examinations was produced by Umar. Saeed, Head Clerk, D.H.Q. Hospital, Toba Tek Singh (P.W.5).
' The post-mortem examination of Muhammad Murad deceased (Eah.PC/2) shows multiple incised wounds detaching the head from the trunk. In the opinion of, the Doctor said injury was sufficient to cause death in the ordinary course of nature. It was ante-mortem and caused by a sharp-edged weapon.
' The post-mortem report of Falak Sher deceased (Exh.PD/2) mentions multiple incised wounds detaching the head from the trunk. In the opinion of the Doctor injury was sufficient to cause death in the ordinary course of nature. It was ante-mortem and caused by a sharp-edged weapon.
' The post mortem report of Mst. Rajan Bibi deceased (Exh.PE/2) mentions multiple incised wounds detaching the neck from the trunk sufficient to cause death in the ordinary course of nature, ante- mortem and caused by a sharp-edged weapon.
8. Nazir Ahmad appellant pleaded total denial and false' implication by the complainant Ghulam Abbas (P.W.4), Muhammad Ramzan (given up P.W.) and Muhammad Siddiquie (P.W.6). When examined under section 342, Cr.P.C. In answer to the question why the prosecution witnesses had deposed against him, the appellant replied as follows:- "In fact Muhammad Siddiq P.W. And Muhammad Ramzan given up P.W. Killed all the deceased and buried the dead bodies in our house and to save themselves from the charge of triple murder in collusion With Ghulam Abbas P.W. Falsely involved me in the present case."
9. Ghulam Abbas (P.W.4) was the Lambardar of Chak No,403/J.B. And knew the entire family of Nazir Ahmad appellant. As a matter of fact Muhammad Murad deceased used to work in the house of Ghulam Abbas (P W.4) and since he had been missing for about a week Ghulam Abbas (P.W.4) became apprehensive and went to his house to make enquiries about him which culminated in the devastating disclosure made by Nazir Ahmed appellant. Complainant Ghulam Abbas (P.W.4) had no malice, no ill-will and no reason for falsely involving Nazir Ahmed appellant. Muhammad Siddique (P.W.6) who accompanied complaining Ghulam Abbas (P.W.4) also had no reason for falsely involving Nazir Ahmed appellant and is actually his cousin. They have both given a consistent version.
10. Learned counsel for the appellant has argued that this was an un witnessed occurrence; that the appellant had no motive to murder his parents and uncle and that. The case against the appellant had been fabricated by Ghulam Abbas complainant (P W 4)
11. We are not impressed by the arguments-, of the learned counsel for the appellant as already observed that Ghulam Abbas complainant (P.W.4) is a totally independent person and has no axe to grind. Similarly there is no reason why Muhammad Siddique (P.W.6) should falsely involve his own cousin in a murder case.
Besides, the appellant has too many skeletons in his cupboard. He had the dead bodies excavated from his own courtyard for which there is no explanation whatsoever. It is inconceivable that a stranger could come and burly the appellants parents and his uncle in his courtyard and he would keep quiet about it and not lodge protest. Looked at from any angle there is no escape from the guilt and cold blooded murder that the appellant has committed. There is no extenuating and mitigating circumstance and there is no choice but to confirm the sentence of death awarded to the appellant on three counts.
12. Resultantly, the appeal is dismissed. The sentence of death is confirmed. Murder reference is answered accordingly.