Ms. Justice Aalia Neelam in her judgment has decided the murder reference involving confessional statement and admission of guilt for killing eight members of the family in Criminal Appeal No. 34-J of 2012.
1. Muhammad Afzal son of Muhammad Asghar, caste Ansari, aged about 22 years, resident of Gali No.8, Madina Colony, Kallar Abadi, Gujranwala (appellant) through this appeal has assailed his conviction and sentence recorded by the learned trial court vide judgment dated 12.01.2012 in case F.I.R. No.1017 dated 23.10.2011, offence under Section 302, 109 P.P.C., registered at Police Station Baghbanpura, District Gujranwala whereby the appellant was convicted as under:
i) Under Section 337-J P.P.C. and sentenced him to ten years R.I. death.
ii) Under Section 302 (b) P.P.C. and sentenced him to death on eight counts.
The appellant/convict was also burdened to pay Rs.2,00,000/- on eight counts as compensation payable to legal heirs of the deceased as required under Section 544-A, Cr.P.C. and in case of default in payment thereof, to undergo S.I. for six months S.I. on each default.
2. The learned trial court has forwarded Murder Reference No.39 of 2012 for confirmation of death sentence inflicted upon Muhammad Afzal/convict in terms of Section 374 of Cr.P.C. As both the matters are arising out of one and the same judgment of the learned trial court, therefore, these are being disposed of through consolidated judgment.
3. Prosecution story, as described in the F.I.R. (Exh.PA/1) lodged on the complaint (Exh.PA) of Safdar Ali, SI, Incharge Police Post Kallar Abadi, Police Station Baghbanpura Gujranwala (PW-7) is that during the night of 23.10.2011 at about 02.00 a.m. he (PW-7) along with other police officials was present at Alam Chowk, Gujranwala where he received information through wireless control to the effect that firing was in progress in the house of Muhammad Asghar Ali son of Ali Muhammad Ansari. On receipt of this information, Safdar Ali, SI (PW-7) reached there and found present Muhammad Ilyas (PW-8) and Malik Naseer Ahmad (PW-9) allongwith Mohallahdars and accused/appellant-Muhammad Afzal was in their custody. The above said persons told that the appellant had committed murder of his father Muhammad Asghar, mother Sajida Bibi, two sisters Anam and Sanam and four brothers Muhammad Iqbal, Sajid, Abid and Muzammal by firing while they were sleeping. The above said persons further told that they had witnessed the occurrence and they had apprehended the appellant red handed at the spot.
Motive behind the occurrence as disclosed in the crime report was that mother of the appellant used to blame her husband as gambler whereas father of the appellant used to blame her as woman of bad character and the accused was thus fed up due to the dispute between his parents and committed the murders.
4. After the occurrence, the complainant (PW-7) took the accused/appellant into custody and he (PW-7) drafted application (Ex.PA) and sent the same to police station through Muhammad Arshad 961/C for registration of formal FIR (Ex.PA/1). Syed Israr Hussain, Inspector/Investigation Officer (PW-11) reached the place of occurrence and Safdar Ali, SI (PW-7) handed over custody of the appellant to said Syed Israr Hussain, Inspector/Investigation Officer (PW-11). On 24.10.2011 he (PW-7) got recorded supplementary statement to the Investigating Officer (PW-11) to the effect that Atif son of Muhammad Aslam “Chachazad of the appellant provided pistol and facilitated him (appellant) in the commission of murder of above said eight deceased persons. Safdar Ali, SI (PW-7) also got recorded in supplementary statement that Bilal Yousaf co-accused provided the appellant Ativan tablets which he (appellant) mixed in the tea and in this way Bilal Yousaf (co-accused) facilitated the appellant in the commission of murder of his father, mother, sisters and brothers. The complainant (PW-7) further deposed that in the life time of Sajida Bibi, deceased, one Muhammad Sarfraz developed illicit relation and people of locality reprimanded the said Muhammad Sarfraz.
5. Syed Israr Hussain, Inspector/Investigating Officer (PW-11) conducted the investigation of this case. He (PW-11) examined all the eight dead bodies and prepared injury statements (Ex.PK), inquest report (Ex.PL) and drafted applications for post mortem examination (Ex.PM) and sent the dead bodies for post mortem examination to DHQ Hospital, Gujranwala. He (PW-11) drafted rough site plan (Exh.PLL) and secured rush strings (P-22) to (P-25), rope made of pieces of cloth (P-26), rush string (P-27) and rope made of pieces of cloth (P-28) from the cots of deceased. He (PW-11) also secured eight crime empties (P-29/1-8) and one missed bullet (P-30) from the place of occurrence vide recovery memo (Exh.PJ). Safdar Ali SI (PW-7) handed over to him (PW-11) custody of accused/appellant (Muhammad Afzal) and he (PW-11) formally arrested the appellant. In presence of PWs Amjad Ali, 194-C (PW-13) and Asif Khan 170/C (given up PW), the appellant made a disclosure that after committing the occurrence, he (appellant) concealed the weapon of offence i.e. pistol 30 bore and as a sequel of disclosure, the appellant got recovered pistol 30 bore. On un-loading, two bullets were recovered and he (PW-11) took the same into possession vide recovery memo (Exh.PMM). On the same day, he (PW-11) also secured blood stained clothes of all the deceased, eight sealed boxes containing six boxes each along with eight sealed envelopes, post mortem reports and relevant police papers. He (PW-11) confined the appellant in police lock up and handed over case property to Moharrar of the police station. On 24.10.2011, he (PW-11) produced the accused/appellant (Muhammad Afzal) before the Court of learned Area Judicial Magistrate and submitted application (Exh.PQQ) for recording statement of the appellant/accused (Muhammad Afzal) under section 164 of Cr.P.C.
The confessional statement of the appellant/accused (Muhammad Afzal) was recorded by the learned Area Judicial Magistrate. He (PW-11) got medically examined the appellant/accused from DHQ Hospital, Gujranwala. On the basis of supplementary statement of Safdar Ali S.I (PW-7), the Investigating Officer (PW-11) arrested co-accused Atif in this case and confined him in police lock up. On 25.10.2011, he (PW-11) arrested the accused Sarfraz in this case. On 26.10.2011, the appellant/accused disclosed that prior to the occurrence he (appellant) purchased strip of Ativan tablets from Faisal Medical Store run by Bilal Yousaf, co-accused of the appellant and he (PW-11) prepared pointation memo (Exh.PRR) and arrested co-accused Bilal Yousaf. In presence of Abdul Qayyum 1754/C and Shafqat Ali 493/C, the appellant/accused (Muhammad Afzal) made a disclosure and got recovered empty strip of Ativan tablets (P-21) from underneath “Darri” lying in Baithak of his (appellant) house and he (PW-11) secured it vide recovery memo (Exh.PC). On 27.10.2011, he (PW-11) obtained attested copy of confessional statement of the appellant/accused (Muhammad Afzal). On 27.10.2011 Masood Ahmad Bhatti draftsman produced before him (PW-11) scaled site plan (Exh.PSS). On 28.10.2011, he (PW-11) sent the accused Muhammad Afzal, Sarfraz and Atif to judicial lock up. He (PW-11) recorded statement of all the PWs under section 161 Cr.P.C. and submitted incomplete challan in the court. On 13.12.2011 the learned Additional Sessions Judge, Gujranwala, formally charged the appellant to which he pleaded guilty.
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