' M. NAEEMULLAH KHAN SHERWANI, J.---Muhammad Akram alias Kala son of Khurshid Ahmad and Irshad Ahmad alias Baoo were tried by a learned Additional Sessions Judge, at Sahiwal for the murder of one Rehmat Ali, aged about 65 years. Muhammad Akram having been found guilty of the said charge was convicted under section 302(a) P.P.C. By the said learned Judge by virtue of his judgment dated 18-6-1996, and was punished with death alongwith a fine of Rs,20,000 or in default thereof to undergo rigorous imprisonment for six months. He was also ordered to pay a sum of Rs,20,000 by way of compensation to the legal heirs of the deceased as envisaged by the relevant provisions of section 544-A, Cr.P.C. The learned trial Judge, however, acquitted Irshad alias Baoo of the charge by giving him benefit of doubt. Muhammad Afzal, brother of Muhammad Akarm, who was also named as an accused in the F.I.R. Met his death during a police encounter and, as such, he was not put to trial.
2. Murder Reference No,272 of 1996 seeks confirmation of the said sentence of death awarded to Muhammad Akram, whereas the convict has filed Criminal Appeal No,209 of 1996 in this Court calling in question conviction and sentence passed against him. At the same time, Allah Rakha complainant has also preferred Criminal Appeal No,204 of 1996 against acquittal of Irshad alias Baoo. All these matters are being disposed of together through this single judgment.
3. Occurrence in question had taken place on 26-3-1993, at about 6-00/6-30 a.m. In front of the residential house of one Wazir Ali Sohla, Ward No,10, Dispensary Road, Sahiwal located at a distance of about four furlongs from the Police Station Ghalla Mandi and the crime report No,81 of 1991, under section 302/34, P.P.C. Was made by Allah Rakha complainant (P.W.6), son of Rehmat Ali deceased, at 7-00 a.m. At the police station immediately after the occurrence. F.I.R. (Exh. PB) was reduced into writing by Muhammad Ramzan, S.-I./SHO (P.W. 10).
4. Relevant facts and the theory propounded by the complainant in the F.I.R. Are as under: ' The complainant has installed a flour grinding machine on Dispensary Road, Ghalla Mandi, Sahiwal. He alongwith his brother lnayat Ali and father Rehmat Ali are living at the back side of this machine. On 26-3-1993, at about 6.00/6-30 a.m. Rehmat Ali had gone to Wazir Ali, milk seller, in order to purchase milk from him. Muhammad Sharif, a neighbour, had come to the complainant's house. Allah Rakha-complainant alongwith his brother Inayat Ali and Muhammad Sharif, the given up P.W., left for the flour grinding machine through the hind door of the house. There is a crossing adjacent to the house of Wazir Ali Sohla. No sooner did they reach there, than they saw Muhammad Akram alias Kala, Muhammad Afzal alias Pappa, sons of Khurshid Ahmad and Irshad alias Baoo son of Muhammad Ashiq Khokhar emerging from the street while carrying 222-rifles.
Muhammad Akram appellant exhorted a proverbial Lalkara directed towards Rehmat Ali that today they would teach him a lesson for the litigation and having deposed as witness. He ordered his companions to fire at him. Muhammad Afzal alias Pappa took the initiative by making a shot through his 222-bore rifle striking at the back side of head of Rehmat Ali. Next to him was Muhammad Akram, who also behaved in the same manner and shot made by him hit Rehmat Ali on his chest. The bullet created an exit wound. Rehmat Ali fell down. Irshad alias Baoo also made use of his rifle and made a shot at Rehmat Ali striking his left arm pit. All the three resorted to firing in quick succession for a sufficient time and created terror in the area. People around took refuge in their houses. The witnesses did not go near Rehmat Ali out of fear. The accused decamped from the spot while abusing. Thereafter, the complainant alongwith other witnesses reached there to look after the victim, who succumbed to his injuries soon thereafter while writhing in great agony.
' Motive behind the occurrence was that the complainant had got registered case F.I.R. No, 34; under section 324, P.P.C. At Railways Police Station, Sahiwal on 1-7-1991, against Muhammad Akram alias Kala and Muhammad Afzal alias Pappa, whereas Rehmat Ali had got registered case F.I.R.
No,231, under section 452/34, P.P.C. With Police Station Ghalla Mandi, Sahiwal, on 2-7-1991, against them. Those cases were pending adjudication in a Court of competent jurisdiction. Muhammad Akram appellant used to compel the complainant side to effect compromise in those cases, but he was given a flat refusal by him. It was owing to this malice afore-thought, that the above said accused haf launched a pre-concerted attack upon Rehmat Ali. Leaving Inayat Ali and Muhammad Sharif P.Ws. By the side of Rehmat Ali, the complainant left for the police station to set the police machinery into motion against the offenders. Accordingly, he dictated his statement (Exh. PD) to Muhammad Ramzan, S.I./SHO (P.W.10), which was faithfully recorded by him without any addition or substraction on his part.
5. After being free from this important piece of work, the Investigating Officer took the uphill task of investigation. He immediately proceeded towards the place of occurrence and in the presence of witnesses carried out spot inspection. He secured blood-stained soild from the spot, converted the same into a sealed parcel and prepared seizure memo. Exh. PF. Duly attested by Sardar Ali (P.W.8) and Abdul Rashid (not produced). He also inspected the dead body for ascertaining number, nature and locale of injures. He prepared injury statement (Exh. PG) and inquest report (Exh. PH). He then despatched the dead body to the mortuary at Civil Hospital, Sahiwal under the escort of Mukhtar Ahmad, Constable No,1270 (P.W.2), who produced before him last worn clothes of the deceased i,e, shirt (P1), Chaddar (P2), Jersy (P3), vest (P4), and cap (P5), all blood stained, alongwith a sealed phial containing the bullet heads, which were secured by him through memo.
Exh.PA. Duly attested by Mukhtar Ahmad (P.W. 2) and Sardar Ali (P.W. 3), Rough site plan of the place of occurrence (Exh. PJ) was also prepared by Muhammad Ramzan S.I./S.H.O. (P.W. 1), The Investigating Officer had also got prepared site plans in duplicate (Exhs. PC & PC/1) from Mirza Ashfaq Baig, Draftsman (P.W.4). All the relevant witnesses were duly examined by him under section 161, Cr.P.C.
' On 24-4-1993, Irshad alias Baoo was apprehended and his physical remand was obtained. On 1- 5-1993, this Investigating Officer was transferred to Police Station Saddar, Arifwala and, as such, the investigation changed hands. The case property was delivered to the Muharrir for retaining the same in Police Station Malkhana and to be dealt with in accordance with law. On 3-5-1993, Irshad alias Baoo led to the recovery of 222-bore rifle (P6) alongwith 20 bullets (P7/1-20) from his residence lying concealed underneath a bedding and was taken into possession through memo.
Exh. PE. On 9-5-1993, Shah Muhammad, Inspector/SHO (P.W.11) was available with a contingent of police officials in Chak No,190/9-L. A police encounter took place and Muhammad Afzal accused met his death.
' Shah Muhammad, Inspector P.W. 11) secured 222-bore rifle (P.8) alongwith three magazines (P9/1- 3), through recovery memo. Exh.PK. He also secured 125 bullets and 8 empties through recovery memo. Exh.PK. A pair of Chappal (P10/1-2) belonging to Muhammad Afzal deceased was also taken into possessions by him through recovery memo. Exh.PL. After completion of necessary investigation, challan was put in Court against Muhammad Akram alias Kala-appellant and Irshad alias Baoo, his acquitted co-accused.
6. After receipt of challan, the trial Court perused the same and found it fit for trial. The trial Court framed charge against the under trial on 3-10-1994 for having committed offences udner section 302/34, P.P.C. The charge was put to the accused, who pleaded not guilty to the same and claimed to be tried. After observing all the legal formalities, prosecution was directed to adduce evidence to prove its case beyond any reasonable doubt against the accused.
7. In order to achieve this very object, prosecution ventured to produce as many as eleven witnesses in all. In order to provided broad features of the case, a brief reference of their evidence is given.
' Muhammad Nazir, C.No,1124 (P.W. 1) on 2-5-1993 got the parcel allegedly containing blood-stained soil from Muhammad Arif, M.H.C. For its onward transmission to the offence of Chemical Examiner, Lahore, which he accordingly did, the same day. As far as the parcel remained in his custody, nobody tampered with it.
' P.W. 2 Mukhtar Ahmad, C.No, 1270 was delivered the dead body of Rehmat Ali deceased by the Investigating Officer at the spot and he escorted the same to the mortuary at D.H.Q. Hospital, Sahiwal for its postmortem examination. The concerned doctor after doing the needful delivered him last worn clothes of the deceased, and a sealed phial containing the bullet heads, as already mentioned, and he made over the same to the Investigating Officer at the spot, who took all those articles into his possession through memo. Exh. PA, which was attested by the witnesses.
' Dr. Abid Hussain, M.O. (P.W.3) conducted post-mortem examination on the body of Rehmat Ali on 26-3-1993 and observed following injuries on his person:--
(1) Fire-arm wound 7 c.m. x 2 c.m. x bone fractured going on the back of head 15 c.m. From left ear.
(2) Fire-arm wound 3 c.m. x 3 c.m. Margins inverted deep going on the back of left shoulder (entrance wound).
(3) Fire-arm wound 4 c.m. x 4 c.m. x deep going with everted margins on the outer upper part of left chest 7 c.m. Below the left axilla (Exit wound).
(4) Fire-arm wound 2 c.m. x 2 c.m. With inverted margins deep going on the upper posterior part of the right shoulder (Entrance wound).
(5) Fire-arm wound 3 c.m. x 3 c.m. x deep going with everted margins in front of upper arm 6 c.m.
Below the right shoulder (Exit wound).
(6) Fire-arm wound 1 c.m. x 1 c.m. With inverted part margins deep going on the back of middle of chest.
(7) Fire-arm wound 1 c.m. x 1 c.m. With inverted margins x deep going on the front upper part of chest at the level of 2nd rib in front 1 c.m. From sternum.
(8) Fire-arm wound 1 c.m. x 1 c.m. On front upper part of left chest with inverted margin adjacement to injury No,7 on left side."
' On dissection skull was found fractured against injury No,l. Membrane and the brain matter underneath was also found injured. The muscles of the shoulder on the right side were injured against injuries Nos. 4 and 7. The upper part of humerus was also found fractured. On opening the chest, the chest cavity was found containing blood. The heart was found injured. So, was the left lung. On opening the abdomen all the visceras were found healthy. Stomach contained 2-3 ounces of digested food and gastric guices. However, a metalic bullet was recovered from inside the stomach contents. It was put into a sealed bottle and handed over to the Constable. The large and small intestines were also examined. The small intestines contained digested food and intestinal guices. Large intestines contained guices and faecal matter. Bladder contained 2 to 3 ounces of urine. Rest of the organs of the body Were healthy.
' According to doctor's opinion, death in this case was due to haemorrhage and shock as a result of injures to heart, lung and brain due to injuries Nos.1, 6, 7 and 8. All the injuries were caused by fire- arm and were ante-mortem and were sufficient to cause death in the ordinary course of natutre.
The time which elapsed between injuries and death was immediate and that between death and post-mortem examination was about 12 hours. Exh.PB is the correct carbon copy of post-mortem report, whereas Exh.PB/1 is the pictorial diagram showing the location of inures, which are in his hand and bear his signatures.
' After the post-mortem examination, he delivered the dead body, post-mortem report, police papers, a sealed phial and last worn clothes of the deceased to the accompanying constable.
' Mirza Ashfaq Baig, Draftsman was examined as P.W.
4. He visited the place of occurrence on 26-3-1993, and took rough notes as per pointaion of the witnesses and prepared site plans in duplicate (Exhs.PC and PC/1).
' P.W.5 Muhammad Arif, M.H.C. Had received the parcel from the Investigating Officer which he kept intact in Police Station Malkhana and subsequently he deputed Muhammad Nazir, Constable No,1124 (P.W. 1) to transmit the same to the concerned quarters intact. On 3-5-1993, he had received the parcel allegedly containing 222-bore rifle and kept the same in tact in Police Station Malkhana. On 4-7-1993, he gave this parcel to Muhammad Anwar, C.No,715, P.W. For doing the needful in the matter, which he accordingly did.
' Allah Rakah and Inayat Ali appeared as P.W. 6 and P.W.7, respectively, and furnished ocular account of the occurrence. They exhaustively dealt with the proposition at their end.
' P.W, 7 Inayat Ali had also identified the dead body of Rehmat Ali deceased at the time of autopsy.
He also deposed about factum of recovery of rifle (P6) and 20 bullets (P7/1-20) from Irshad alias Baoo from his residence.
' Sardar Ali, C.No, 8154, while appearing as P.W. 8 deposed that on 26-3-1993, the Investigating Officer in his presence collected blood-stained soil from the spot and prepared memo. Exh.PF in that regard, which was duly attested by him. In his presence, Mukhtar Ahmad, Constable also produced last worn clothes of the deceased and a sealed phial, which were taken into possession through memo. Exh. PA, duly attested by the witnesses.
' P.W. 9 Sh. Jabbar Ali, S.I. On 3-5-1993, when he was carrying out investigation of this case, interrogated Irshad alias Baoo with regard to crime in question, who had shown his willingness to get recovered 222-bore rifle from his house. Accordingly, he while in police custody led the police party to his house, from where he got recovered rifle (P6) alongwith 20 bullets (P7/1-20), which were taken into possession vide memo. Exh.PE. The recovered articles were converted into sealed parcel. In addition to this, he arrested Muhammad Akram appellant on 29-5-1993, and conducted his interrogation. He recorded the statements of the relevant witnesses and prepared the report under section 173, Cr.P.C.
' Muhammad Ramzan S.I. (P.W.10) narrated, all the relevant facts ascertained by him during the course of investigation conducted by him. He also described various roles played by him during the process of investigation.
' P.W. 11-Shah Muhammad, Inspector/SHO has already been dealt with in earlier part of the judgment, so it need not be discussed.
8. Since no further evidence was to be adduced on behalf of the prosecution, the learned prosecutor after tendering in evidence reports of the Chemical Examiner as well as Serologist as Exhs. PM and PN, respectively, and that of Forensic Science Laboratory (Exh. PO) declared the prosecution case close.
9. Now the next important piece of work to be done by the trial Court was to seek explanation of the imputed crime from the under trial prisoners by examining them under section 342, Cr.P.C. All the incriminating circumstances appearing against them in evidence were put to the accused and they tendered explanation of the same in their own way. Irshad alias Baoo in his answer to question No,8, "why this case against you and why the P.Ws. Have deposed against you", replied as under:- "The case is false. The occurrence took place in odd hours of the night. The deceased was history sheeter and a vagabond. He has many enemies. Some unknown person had killed him. P.Ws. Are related inter se and inimical towards me on account of criminal litigation. Police involved me in this case on account of the fact that my uncle Bahadur Ali was tortured to death by the police and since we had lodged criminal case against the police officials and also filed writ petition before the Hon'ble High Court against the police. So, due to that grudge the police in collusion with the complainant party falsely involved me and got me challaned in this case."
' Likewise Muhammad Akram alias Kala appellant in answer to question No 8. Stated that the case is false and occurrence took place during odd hours of night. It was not witnessed by any one. The prosecution witnesses were not only related inter se but also inimical towards him on account of criminal litigation. He further added that the deceased was not only a notorious and vagagbond person, but was also a history sheeter and had number of enemies".
' They opted not to make statements on oath as provided under the relevant provisions of section 340(2), Cr.P.C. In disproof of accusations brought against them. They expressed their desire to produce defence evidence to establsih their innocence in the matter.
' Fayyaz Ahmad H.C. No, 1045, appeared as D.W.I, but he did not in any manner support the defence version and, as such, was cross-examined by the learned defence counsel. He repelled all the suggestions put to hint.
' Faiz Muhammad (D.E.2) deposed that about two and a half years ago one Head Constable alongwith two other costables of C.I.A. Staff had apprehended Irshad alias Baoo from his house situated in Mohallah Farid Ganj. Sahiwal at Fajarwela. He later came to know that he had been taken to the C.I.A. Staff, Sahiwal, where he was confined for 7/8 days, Thereafter, his custody was taken over by Police Station Ghalla Mandi, where he was excessively tortured. Earlier to this, the police had conducted a raid at the house of uncle of the aforesaid accused, which resulted in arrest of his uncle, who was later on tortured to death. The legal heirs of the deceased obtained a sum of Rs,20,000 from the police and had compounded the offence. An amount of Rs,40,000 was still outstanding against the police. He repelled the suggestions made to him by the adverse side.
' Khalid Iqbal, an ex-Head Constable appeared as D.W.3 and deposed that in May, 1993, he was serving as a Constable in the police department and was posted at C.I.A Staff, Sahiwal. On receipt of a secret information at about 3-30 a.m. Irshad was arrested from the house of his sister. He was a proclaimed offender and an unlicensed carbine was recovered from him. He was taken to C.I.A.
Staff. Rana Fayyaaz, H.C. Drew up complaint aginst him at the spot and despatched the same through Shaukat Ali, Constable of Police Station Ghalla Mandi along with the arms and ammunition. Muhammad Iqbal, brother of Irshad accused preferred an application against Amir Abdullah Niazi, S.H.O., Police Station Ghalla Mandi. On the basis of that application, Ch. Masood Ahmad Tariq, D.S.P had held inquiry and all the police officials had made statements in writing before him. In consquence of the above said enquiry Amir Adbullah Niazi and S.I. Ramzan, Investigating Officer; were dismissed from police service.
' Bashir Ahmad (D.W.4) was the Councillor of Municipal Committee, Sahiwal in 1993. He alongwith his friends was available at his dera. About 30/40 persons came to them. They were relatives of one Ali Bahadur. They apprised him of the fact that Ali Bahadur had been done to death by the police. The above said Ali Bahadur was uncle of Akram and Irshad accused. He had gone to the police station to inquire from the police as to why they had killed Ali Bahadur. He was informed that the police had gone to arrest Irshad accused and Ali Bahadur had died of a heart attack and the death was not due to police violence. Amir Abdullah, Inspector arrived there. .D.S.P also came there.
The matter was patched up due to his intervention. Rupees twenty thousands were paid to the legal heirs of Ali Bahadure at the spot and Rs,40,000 were yet to be paid by the police through Hafiz Abdul Rashid, Councillor of the Ward. He was not cross-examined at all pertaining to those facts by the State.
' Zaffar Masood, H.C. No, 191 appeared as C.W.I. According to this witness, on 13-5-1993, an application of Muhammad Iqbal son Ashiq, resident of Basti Khokhran, Ghalla Mandi was received in the police office and duly entered in the complaint register at serial No, 81 of 1993, under section 301/34, P.P.C. Senior Superintendent of Police had entrusted this application to Deputy Superintendent of Police City.
' C.W.2 Muhammad Masood Tariq, D.S.P, stated that he was posted as D.S.P, City Sahiwal in 1993.
According to him, he did not conduct any inquiry in this case. He also did not conduct any inquiry against any police official. This witness in cross-examination has clearly admitted that he was not in a position to contradict the suggestion that he had conducted inquiry against police officials.
' Irshad alias Baoo accused tendered in evidence copy of F.I.R. (Exh. DB). Copy of statement of Abdul Karim (Exh. DC) recorded by the trial Court in case F.I.R. No,191 of 1993, Police Station Ghalla Mandi and certified copy of the judgment (Exh. DD) and closed his defence evidence.
10. Muhammad Anwar Chaudhry, learned counsel for the appellant tendered in evidence copy of F.I.R. No,466 of 1985 (Exh. DE), attested copy of F.I.R. No,151, under section 420/485/486, P.P.C. (Exh. DF) registered at Police Station Ghllan Mandi, the statements of P.Ws. Made before Magistrate Section
30. Sahiwal and case F.I.R. No,391, of Police Station Railways Sahiwal as Exhs. DG and DH.
11. The Trial Court after considering complete facts and circumstances of the case convicted and sentenced the appellant as already mentioned and acquitted Irshad accused from the charge.
12. Learned counsel for the appellant has raised following points for our consideration:--
(i) That Allah Rakha (P.W. 6) and Inayat Ali (P.W.7), eye-witness, were real brothers being sons of Rehmat Ali deceased. They were neither present at the spot nor has seen the occurrence. The place of occurrence is situated in a thickly populated area flanked by inhibited houses, but not a single disinterested witness was produced by the prosecution.
(ii) That ocular account was contradicted by medical evidence and that renders the prosecution story extremely doubtful.
(iii) That no recovery was effected at the instance of the appellant and as such there was no additional evidence in support of principal evidence due to lack of corroboration, the prosecution version was not worthy of any credence.
13. Conversely, learned counsel for the complainant assisted by learned State Counsel submitted that presence of Allah Rakha and Inayat Ali (P.Ws. 6 and 7) was most natural because occurrence took place quite close to their house. Although they were subjected to a very lengthy cross- examination, yet, their testimony remained unshaken. There was a high degree of interest possessed by Muhammad Akram alias Kala appellant and Muhammad Afzal alias Pappa to commit the crime in question. The first information report was lodged with due haste and it excludes all possibilities of deliberations and consultation on the part of the witnesses to fabricate a false story. The mere fact that no recovery could be effected at the instance of the appellant would hardly constitute a sufficient ground for discarding evidence of the witnesses.
' While arguing the appeal against acquittal of Irshad, it was urged that he was present at the spot, took part in the incident and part assigned to him was confirmed by the medical evidence. He had been wrongly acquitted by the learned trial Judge and, as such, deserves to be convicted and sentenced to the maximum provided under the law.
' Learned counsel for the State has fully supported judgment of the Trial Court qua the conviction of appellant and did not oppose qua acquittal of Irshad alias Baoo.
14. We have attentively heard respective arguments of both the sides and perused the record for fullest evaluation of facts and circumstances of the case. We find that it was a day time occurrence. Presence of the eyewitnesses was quite natural and probable. There was no question of mistaken identity, so statements of the eye-witnesses deserve to be believed in their entirety qua appellant, and his brother Muhammad Afzal, co-accused, who met his death in a police encounter. They had avowed animosity with the complainant side and it was purely out of this reason that they committed mutation of Rehmat Ali.
15. Irshad alias Baoo, since acquitted, had absolutely no reason to join hands with them. He had no personal axe to grind. Furthermore, only the rifle recovered at his instance was found in a working condition. It is not wedded with the commission of crime in any manner. In the first information report, only three shots are alleged to have been made at the deceased, but during the trial both the witnesses have enhanced the number of shots to five. The statement of Dr. Abid Hussain (P.W.
3) shows that it was possible that one shot from a rifle and one shot from a gun were made at the deceased. The eye-witnesses have made deliberate, and dishonest improvements to explain the excessive number of injuries and this makes the locale of injury attributable to Irshad alias Baoo extremely doubtful. Inayat Ali (P.W.7) had appeared against Irshad alias Baoo prior to the present occurrence, so he is inimical towards him. There was hell of animosity between Irshad alias Baoo and Amir Abdullah Niazi, Inspector/SHO and other police officials. As a matter of fact there was a long chain of incidents, which had happened in the past in between Irshad alias Baoo and the police officials. The statements of Sh. Abdul Jabbar and Muhammad Ramzan Khichi (P.Ws.9 & 10) do establish the factum of severe animosity in between Irshad and the Police Officials. Which was further highlighted by the statements of Faiz Muhammad, Khalid Iqbal and Bashir Ahmad (D.Ws. 2 to 4). Khalid Iqbal (D.W.3) stated in clear cut terms that Muhammad Iqbal brother of Irshad made an-application against. Amir Abdullah Niazi, Inspector/S.H.O. And he alongwith Ramzan Khichi, S.I.
Were dismissed from service. It is also given in evidence that Ali Bahadur, an uncle of Irshad allegedly met his death due to police torture, which had stirred feelings of the people around, and the police had to pay a sum of Rs,20,000 to the legal heirs of Ali Bahadur deceased and Rs,40,000 were still outstanding against them.
We do not find any misinterpretation of evidence or perversity of reasoning as regards acquittal of Irshad alias Baoo, so Criminal Appeal No,204 of 1996 having no merits is dismissed.
16. We have exhaustively examined all material facts and come to the conclusion that the appellant and his brother Muhammad Afzal, who could not be tried because of his death, are solely responsible for Qatl-e-Amd of Rehmat Ali deceased. Mere fact that the witnesses happen to be his sons would not constitute a sufficient ground for en-bloc rejection of their testimony. Their presence at the place of occurrence at the relevant time cannot be doubted. Their statements tally with each other on all material aspects of the matter. Their statement do not suffer from any infirmity and ring true. They are wholly reliable witnesses as against the appellant.
17. Now we advert towards question of sentence. Learned counsel for the appellant has miserably failed to point out a single extenuating circumstance. The appellant has been rightly sentenced to death. However, we find that sentence of fine could not be imposed on the appellant, so it is set aside. He shall pay the amount of compensation to the legal heirs of the deceased, as directed by the learned trial Judge, and in default of payment thereof, he shall undergo simple imprisonment for six months.
18. For the foregoing reasons, we maintain conviction and sentence of the appellant and dismiss his appeal. Death sentence is confirmed. Murder Reference is answered in the affirmative.