1. ' BASHIR A. MUJAHID, J.--- Muhammad Malook son of Faiz Muhammad has challenged judgment dated 9-6-1998 passed by Special Judge, Anti-Terrorism Court, Sargodha Division, Camp at Central Jail,. Mianwali whereby he was convicted under sections 302/324/337-A(i) P.P.C. And was sentenced to death on four counts for committing Qatal-e-Amad of Akbar Ali, Manzoor Hussain, Mst. Amna Bibi and Mst. Sajida Bibi. He was also imposed fore of Rs, One lac on each count or in default of payment of fine to further undergo 10 years' rigorous imprisonment. He was further sentenced td 10 years' rigorous imprisonment for causing murderous assault on Muhammad Yaqub P.W and fme of Rs,10,0001 or in default thereof 5 years' rigorous imprisonment. Similarly he was sentenced to 2 years' rigorous imprisonment under section 337-A(i), P.P.C. For causing injuries to Mst. Aziza Bibi P.W. Through the same judgment co-accused Faiz Muhammad son of Qutab Din and Ghulam. Mustafa son of Ghafoor were acquitted of the charge.
2. The occurrence which resulted into murder of four above named persons and causing injuries to Muhammad Yaqub and 'Mst. Aziza Bibi took place .On 6-6-1996 at about 4 p.m. In Chak No,73/TDA.
2. F.I.R. No,55 of 1996 (Exh.P.A/1) was lodged at Police Station, Sarai Mohajar District Bhakkar at 9-30 p.m. On 6-6-1998 on the statement (Exh.P.A) of Lall Din son of Abdullah P.W.8, recorded by Mir Zaman S.H.O, P.W.17 at 8-35 p.m. On the same day in Civil Hospital, Bhakkar wherein it was stated that the complainant is a Zamindar and his younger sister Mst. Aziza Bibi P.W.7 was married to Akbar Ali son of Qutab Din who had three sons namely Muhammad Yaqoob, Manzoor Hussain and Muhammad Ramzan. Out of them Muhammad Ramzan was in Army. The remaining two Manzoor Hussain and Muhammad Yaqoob were cultivators, in the village. Mst. Aziza Bibi had also six daughters. Akbar Ali (deceased) husband of Mst. Aziza Bibi had a real brother Faiz Muhammad whose son Muhammad Malook was also in Army who had also two daughters namely. Sughran Bibi and Zubaida. Zubaida was married earlier but. Sughran was given in marriage 15/20, days ago was suspected having illicit relations with Ghulam Mustafa son of Abdul Ghafoor resident of the same village. About 6 months before Akbar Ali and his sons Muhammad Yaqoob, Manzoor Hussain and Ramzan informed about this to Faiz Muhammad and Muhammad Malook and asked them to forbid Ghulam Mustafa visiting their house. As Ghulam Mustafa had friendship with Muhammad Malook, so they instead of forbidding Ghulam Mustafa complained to Akbar Ali that their suspicion is baseless and they have been insulted by levelling false allegations. On 2-3-1996 Akbar Ali, Yaqub, Manzoor, Ramzan, Lall Din (complainant) and Nazir Ahmad son of Lall Din had given beating to Faiz Muhammad and Muhammad Malook and on this but the matter was patched up subsequently.
3. Muhammad Malook two months ago, had come to the village from Army and brought one rifle 7mm and a pistol 30 bore with him and used to resort to firing in their house. On the fateful day at 5-00 p.m. The complainant Lall Din along with his sons was proceeding to his fields to cut fodder.
4. Muhammad Yaqub nephew of the complainant was also going ahead of them. When they reached near the dera of Abdur Rahim, Muhammad Malook armed with 7 mm rifle and .30 bore pistol emerged there from the canal side and made four fire shots at Muhammad Yaqub hitting him on right arm, little finger of left hand and right knee who fell down on the ground after receiving injuries. Muhammad Malook raised Lalkara that he will eliminate the whole family of his paternal uncle, Akbar Ali, and he started towards the house of Akbar Ali deceased. The complainant and his son also followed him by requesting not to do so but he entered into the haveli of Akbar Ali where Manzoor Hussain son of Akbar Ali was sitting under a tree who tried to run away on seeing Muhammad Malook but Malook fired at him hitting on his right abdomen who fell on the ground after receiving injury. Muhammad Malook wanted to repeat his fire meanwhile Amna Bibi wife of Muhammad Yaqub intervened. Muhammad Malook chased her who ran away to save her life but was fired at by Muhammad Malook with 7 mm rifle hitting on her left abdomen. She also fell down as a result of injury. Meanwhile Mst. Sajida daughter of Akbar Ali who was unmarried came forward and made request to Muhammad Malook to forgive them but she was threatened by the appellant who asked to give him amount from the house otherwise she will also be done to death. Sajida entered into the residential room and locked/bolted the door from inside Muhammad Malook opened the door by push and demanded the amount. She came out of the room with folded hands and begging for life and stated that she has no amount on which Muhammad Malook fired at her with his pistol .30 bore, hiting on her chest. She also fell down. Mst. Aziza Bibi sister of the complainant and Hanifan Bibi vlife of Muhammad Ramzan and Mst. Najma Bibi daughter of Akbar Ali also witnessed the occurrence and they tried to apprehend the accused but Muhammad Malook, accused caused butt blows on the head of Aziza Bibi with 7 mm rifle. She also fell down.
5. Akbar Ali who was hiding himself out of fear, in a room, tried to escape from the western gate of the Haveli but Malook chased him. The complainant and his son Nazir Ahmad and sister Aziza Bibi also followed the accused. When Akbar Ali reached near Baithak of Abdullah and was under the shade of tree, Malook accused eaused two fire-arm shots with his rifle 7 mm hitting on his left leg. He also fell down after receiving injuries. Malook accused ran away while firing in the air. Akbar Ali, Sajida and Amna Bibi succumbed to the injuries at the spot. Manzoor and Yaqub were being taken to Civil Hospital in injured condition in a Datsun vehicle and when they reached near Adda Jayyia Khan, Manzoor Hussain also succumbed to the injuries. His dead body was sent back to the village.
6. Muhammad Yaqub was admitted in Civil Hospital, Bhakkar. Mir Zaman P.W.17 after recording statement Exh.P.A of Lall. Din P.W.8 at Civil Hospital, Bhakkar sent the same to police station through Muhammad Ramzan F.0 and took into possession led sealed into bottle P.1. Produced by La11 Din P.W.8 in hospital vide memo. Exh.P.B. Thereafter he arrived at the spot and took into possession the dead bodies of Manzoor Hussain. Amina Bibi and Sajida Bibi which were lying in the Courtyard of Akbar Ali while the dead body of Akbar Ali was found in front of Baithak of Abdullah. He prepared injury statement of Arrma as Exh.P.D and inquest , report Exh.P.E. And , injury statement of Sajida Bibi Exh.P.D and inquest report Exh,.P.H. He also prepared injury statement of Manzoor Hussain Exh.P.M.M and inquest report Exh.P.N.N while injury statement of Akbar Ali deceased was prepared vide memo. Exh.P.J.J. And inquest report Exh.P.K.K and despatched the dead bodies to Civil Hospital, Bhakkar for their post-mortem examinations.
7. ' On 7-6-1996 the Investigating Officer arrested the accused from Chak No,60/61 M.L while he was armed with loaded rifle 7 nun P.13 with two cartridges P.14/1-2 and its licence P.15 which were taken into possession vide memo. Exh.P.P. On the same day he also led to the recovery of pistol P.16 along with two live cartridges which was taken into possession vide memo. Exh.P.Q. Regarding the pistol separate complaint under section 13-XX-65 was prepared. Again he visited the place of occurrence and took into possession two empties of pistol .30 bore P.21/1-2 vide memo. Exh.P.Z. And took into possession blood-stained earth from the place of occurrence vide memo. Exh.P.Y. From where the dead body of Akbar Ali was lying. Thereafter he took into possession bloodstained earth from the place where Manzoor Hussain was shot dead vide memo. Exh.P.R. And from the place where Amna Bibi was murdered vide memo. Exh.P.S. And from the place where Sajida Bibi was murdered vide memo. Exh.P.U. He also took into possession two empties from the place where Manzoor Hussain and Amna were murdered P.18/1-2 vide memo. Exh.P.T. He also took into possession empty P.19 of .30 bore pistol from where Sajida was murdered vide memo. Exh.P.F. The blood-stained earth from the place where Akbar Ali was murdered was taken into possession vide memo. Exh.P.W, two empties P.20/1-2 were also taken into possession vide memo. Exh.P.X. He the e statements of the prosecution witnesses, completed the investigation and challaned the accused.
8. ' The accused denied the allegations and claimed trial.
9. ' During trial prosecution examined as many as 17 witnesses to prove the guilt of the accused. Lall Din complainant was examined as P.W.8 who supported the version of F.I.R. Muhammad Yaqub son of .Akbar Ali who was also injured in the same occurrence was examined as P.W.6 He supported the prosecution story as an eye-witness of the occurrence. Mst. Aziza Bibi widow of Akbar Ali and mother of Muhammad Yaqub was also injured witness. She was examined as P.W.7. Her statement was also in line with the statements of Muhammad Yaqub P.W.6 and that of Lall Din P.W.8.
10. ' The medical evidence was furnished by Dr.Abdur Razzaq Ghauri P.W.10 who on 6-6-1996 at 8-05 p.m. Medically examined Muhammad Yaqub p.w and found six firearm injures on his different parts of the body.
11. ' Lady Doctor Falak Riffat P. W.9 conducted post-mortem examination on the dead body of Amna Bibi on 7-6-1996 and found the following injuries on her dead body:-
(1) An entry wound of 2 x 2 c.m., on the left lower lateral abdomen just above, the laic crest. The edges were burnt and inverted.
(2) An exit wound 9 x 3 c.m. In the right elaic fossa. The blacken intestine mesnetry coming out from the wound. On the same day this witness also conducted post-mortem examination on the dead body of Sajida Bibi daughter of Akbar Ali and found the following injuries :-
(1) An entry wound 1 x 1 c.m. Just-right lateral to the sternum at nipple level.
(2) An exit wound 1 x 1 c.m. On the back of right side of chest 4 c.m. Below the tip of right scruple liquidized blood was coming out from the injuries.
12. ' On 16-6-1996 the same witness medically examined . Mst. Aziza Bibi and found the following injuries on her person:-
(1) A semi healed lacerated wound 8 x 1 c.m. On the right side of head.
(2) A semi healed bruise area 15 x 6 c.m. On the middle side of right arm. Dr. Saeed Hassan P.W.16 on 7-6-1996 conducted the post-mortem examination on the dead body of Akbar Ali and found the following injuries:-
(1) An entry wound 5 x 5 c.m. With burnt inverted edges on the medial of left upper leg just below the knee joint.
(2) An exit wound 5 x 6 c.m. On the lateral upper left leg just below the knee joint.
(3) An entry and exit compound wound 7 x 2 c.m. On the posterior surface of left leg. 8 c.m. Above the anckle joint.
13. ' On the same day the same Doctor also conducted post-mortem examination on the dead body of Manzoor Hussain and found the following injuries:-
(1) An entry wound 2 x 2 c.m. Just right of umbilicus swollen and blackened, small intestine was protruding outside.
(2) An exit wound 2 x 2 c.m. On the posterior part of right loin in renal angle.
14. ' Muhammad Hassan P.W.11 had attested the recovery memos. Along with the S.H.O.P.W.17 about the articles taken into possession from the spot. Muhammad Tariq A.S.I was examined as P.W.13 who had attested the recovery memos. Of weapons of offence along with P.W.17 got recovered from the accused.
15. ' The remaining witnesses are of formal in nature and need not to be discussed.
16. ' The prosecution evidence was closed by tendering in evidence the reports of Chemical Examiner Exh.P.R.R. And P.S.S, and P.Y.Y. And P.U.U. And that of Serologist as Exh.P.V.V., P. W.W. , P.X.X. And P . Y . Y .
17. And of the Forensic Science Laboratory as Exh . P.Z .Z .
18. ' Towards the end of the trial statements of the accused/appellant were recorded under section 342 Cr.P.C. They denied the charge and claimed their innocence and false implication.
19. ' The trial culminated into conviction of the accused/appellant as mentioned above. He has challenged his conviction and sentence through Criminal Appeal No,52-J of 1998 while the trial Court had sent up Murder Reference No,212-T of 1998 for confirmation of death sentence. Both the matters are being decided by this single judgment.
20. ' Learned counsel for the appellant has argued that from the facts of the case it appears that it was night and unwitnessed occurrence; that all the prosecution witnesses are related inter se and to the deceased; that they were interested and inimical and their testimony has not been corroborated from any other independent source; that the motive alleged has not been proved during the trial; that it was a case of family honour and the capital punishment is not called for.
21. ' Conversely the appeal has been opposed by the learned State counsel who has supported the impugned judgment.
22. ' Heard. Record perused.
23. The occurrence took place at 4 p.m. On 15-6-1996 which was broad-daylight and statement of the complainant was recorded in the hospital on the same day at 8-30 p.m. And thereafter formal F.I.R.
24. Was registered at police station at 9-30 p.m. Which is at a distance of 30 k.m. From the place of occurrence. We do not find any delay in lodging the F.I.R. The accused was real nephew of Akbar Ali deceased. The complainant party had no previous enmity for his false implication or substitution.
25. Mere relationship of the witnesses with the deceased is no ground to discard their testimony.
26. Muhammad Yaqub P.W.7 and his mother Mst. Aziza Bibi P.W.7 were injured witnesses. Muhammad Yaqub was medically examined on the same day at 8-05 p.m. Their presence at the spot has been established. We do not find any cogent reason as to the 'appellant was substituted by letting off the real culprit by the complainant party. The ocular account has been fully corroborated by the medical evidence as well as by recovery of weapons of offence with which the empties taken into possession tallied as per report of Forensic Science Laboratory.
27. ' After deep re-appraisal of the evidence we are convinced that the prosecution has established its case against the appellant beyond any shadow of doubt and find no ground to interfere in the conviction recorded against the accused/appellant and sentence awarded to him. He is responsible for causing murder of Akbar Ali, Manzoor Hussain Mst. Amna Bibi and Mst. Sajida Bibi in a brutal manner and there are no mitigating circumstances for awarding lesser penalty.
28. ' As far as the sentence of fine is concerned that is not legal therefore, the same is hereby altered into compensation under section 544-A Cr.P.C. And if recovered be paid to the legal heirs of the deceased.
29. ' Resultantly Criminal Appeal No,52-J of 1998 filed by the accused/appellant is dismissed with the above modification.
30. ' The Murder Reference is answered in affirmative.