1999 P Cr (PLP)

RIAZ KAYANI, J.

Muhammad Aslam son of Muhammad Hayat, through Criminal Appeal No.9 of 1999 and Ahmad Hassan son of Muhammad Hussain through Criminal Appeal No. 10 of 1999, have laid challenge to the judgment, dated 25-3-1999 passed by the learned Judge, Special Court constituted under the Anti-Terrorism Act, 1997 for Bahawalpur-I, whereby both of them were convicted under section 302/34, P.P.C. for committing the murders of Abdur Rehman Bhatti son of Haji Imam Bakhsh aged 48 years posted as Additional Deputy Inspector-General of Police, Bahawalpur. Ahmad Hassan was sentenced to death whereas Muhammad Aslam to life imprisonment. Ahmad Hassan was directed to pay compensation of Rs.5 lacs to the legal heirs of the deceased under section 544-A, Cr.P.C. and in default of payment of compensation to further undergo six months' S.I. whereas Muhammad Aslam was directed to pay compensation of Rs.3 lacs to the legal heirs of the deceased under section 544-A, Cr.P.C. and in default of payment of compensation to further undergo six months' S.I. Muhammad Aslam was given benefit of section 382-B, Cr.P.C.

2. The learned Judge, Special Court has also sent the case to us under section 374, Cr.P.C. for confirmation of the death sentence awarded to Ahmad Hassan appellant. We intend to deal with all these matters through this single judgment.

3. The unfortunate incident which resulted in the death of Additional Deputy Inspector-General of Police took place on 10-6-1998 at 9 p.m. in the office of the Deputy Inspector-General of Police, -Bahawalpur at a distance of 3 K.Ms. towards the east of the Police Station Cantt., Bahawalpur. The narration of the incident was made by Anis-ur-Rehman son of the deceased through complaint Exh.P.J./1 recorded by Nazir Ahmad -Sohail, S.-I./S.H.O., Police Station Cantt. Bahawalpur on 10-6-1998 at the B.V. Hospital, Bahawalpur at 9-45 p.m. The complaint (Exh.P.J./1) was sent to the police station through Ahmad Raza, Constable No.826 on the basis of which formal F.I.R. bearing No.213 of 1998 was registered by Muhammad Siddique, Muharrir Head Constable No.693 on 10-6-1998 at 10-05 p.m. under sections 302/34, 120-B/109, P.P.C. read with section 7 of the Anti-Terrorism Act, 1997.

4. The prosecution version succinctly described by Anis-ur-Rehman son of Abdur Rahman in his complaint is that his father Abdur Rehman Bhatti was serving as Additional Deputy Inspector-General of Police in the office of the D.I-G., Bahawalpur. On 10-6-1998 at about 7-20 p.m. he alongwith his friends Kifayat Ullah Khan son of Inayat Ullah Khan and Jamil-ur-Rehman son of Aziz?ur-Rehman was sitting in the lawn of his house while his father came from his office in uniform and had hardly taken a seat with them when he vas informed on wireless that the D.I.-G., Bahawalpur has cancelled his tour to Rahimyar Khan and was coming back and directed the A.D.I.-G., that he should reach his office immediately. The complainant was told by his father that he should immediately bring his private car to be taken to the office. The complainant brought Car No.6644/MNS and sat on the driving seat whereas next to the driver seat his father Abdur Rehman sat and on the rear seat his friends Kifayat Ullah Khan and Jamil-ur-Rehman sat. He took his father to the office of the D.I.-G. and after parking the car he alongwith his friends entered the office of his father. At about 9 p.m. a car came and stopped in the porch of the office. His father got up to receive the D.I.-G. Instead of the D.I.-G. it was his driver Ahmad Hassan who exhorted his father by a Lalkara that he would be taught a lesson for making the complaints against them to the D.I.-G. Upon hearing the voice of the driver they got up from the chairs and had hardly moved when Ahmad Hassan who was carrying a kalashnikov rifle fired a burst at his father which injured him and he fell in the Verandah. All of them ran to apprehend Ahmad Hassan but he threatened that if any one came near him he would be also given the same treatment as given to the A.D.I.-G. and thereafter, brandishing his kalshnikov he sat in the car of the D.I.-G. which was of Toyota Make bearing No.2800/BRO and drove away towards Farid Gate. He alongwith his friends picked up his father in an injured condition and put him in the car and went towards B.V. Hospital to get medical aid, but when he reached near Farid Gate his father succumbed to his injuries. The burst of fire hit his father on his neck on the right side.

5. The motive given for committing the murder was that Ahmad Hassan suspected that his father made complaints against him to the D.I.-G., Bahawalpur.

6. Nazir Ahmad Sohail, S.H.O., Police Station Cantt., Bahawalpur was on patrol duty and at 9-45 p.m. when he was in the area of B.V. Hospital he received a message through wireless that D.I.-G. and A.D.I.-G. have been murdered. He rushed towards the Police Station Cann. but when he reached the main gate of B.V. Hospital he came to know that the dead body of Abdur Rehman has been brought in the casualty ward. Anis-ur-Rehman complainant met him there and got his statement recorded as Exh.P.J./1. While recording the statement the Police Officer committed an error, at the end of the statement, inadvertently and when he read the contents of the complaint/statement to its author the error was pointed out he added that it would be rectified by recording the supplementary statement of the complainant and this fact was mentioned in his case diary at Serial No.l, dated 10-6-1998. He sent the complaint through Ahmad Raza, Constable for the registration of the case and after a while Ahmad Raza came back alongwith the case file and copy of F.I.R. Exh.P.J. He prepared the injury statement and inquest report Exh.P.B. and Exh.P.C. respectively. He recorded the statements of Kifayat Ullah and Jamil-ur-Rehman at the hospital. While the dead body was removed to the mortuary, he alongwith the eye?witnesses proceeded to the place of occurrence and having reached there took the blood from the place of occurrence through memo. Exh.P.N. and made it into a sealed parcel. Three crime-empties (P.7/1-3) were also taken into possession from the place of occurrence and made the same into a sealed parcel vide memo. Exh.P.O. attested by Munir Ahmad and Rab Nawaz P.Ws. He also took into possession lead (P.8) which had penetrated the wall vide memo. Exh.P:Q. On 10-6-1998 at about 2-30 p.m. S.P., C.I.A. who was incharge of the investigation took into possession photo copies of the original record with regard to one copy of disbursement of fire-aim relating to District Bahawalnagar (P.I6), Index (P.17), copy of Road Certificate (P.18) pertaining to Police .Recruiting Centre Anti-Terrorist Section, Bahawalpur alongwith P.18/1 through recovery memo. Exh.P.Y.

7. On 10-6-1998 the investigation was taken over, by Muhammad Ahmad Khan, S.P., C.I.A., Bahawalpur. On the same day at -9 p.m. Ahmad Hassan accused pronounced on wireless that he had murdered Malik Muhammad Ashraf, D.I.-G. and Abdur Rehman, A.D.I.-G. The S.P., C.I.A. contacted him and asked him to surrender. Ahmad Hassan appellant surrendered before the Investigating Officer in the compound of the Police Station Cantt., Bahawalpur. The key (P.6) of the official car of the D.I.-G. bearing No.BRD-2800 was taken into possession vide recovery memo. Exh.P.H. Ahmad Hassan admitted that he had committed the murders of A.D.I.-G. Abdur Rehman Bhatti with his kalashnikov (P.9) lying in the boot of car BRD-2800. The accused led to the recovery of kalashnikov (P.9) from the car which was taken into possession vide recovery memo. Exh.P.R. The magazine (P.10) of the rifle contained 26 live bullets (P.11/1-26) alongwith one live bullet in the chamber which was removed. Car BRD-2800 (P.12) was also taken into possession vide recovery memo. Exh.P.S.. Once again he took into possession key (P.6) from the possession of Ahmad Hassan vide recovery memo. Exh.P.T. After completion of the recoveries a detailed report was made at Serial No.27 of the daily diary of the Police Station Cantt., Bahawalpur, dated 10-6-1998 which is Exh.P.AA. Anis-ur-Rehman complainant made additional statement as corrigendum which was recorded under section 161, Cr.P.C. He reached the police station and visited the wireless control office where he took into possession copies of the entries of Log Book Exh.P.K. (1-8) and a copy of Ruppat Nos.11 and 12 Exh.P.K. (9-10 pages). He recorded the statement of Muhammad Iqbal, A. S.-I. Shift Incharge and Muhammad "alid, Constable No.801 who worked as a mechanic. He inspected the register and confirmed that kalashnikov (P.9) was issued to Muhammad Aslam appellant. He recorded the statement of Rashid Ahmad Kot Muharrir 404/HC, incharge of the register and put his initials on the stock register in red ink. He proceeded to B.V. Hospital and recorded the statements of Ch. Riaz Ahmad, Commissioner, Syed Shaukat Ali Shah, Deputy Commissioner and Muhammad Yaqoob Khan, Magistrate under section 161, Cr.P.C. He also examined other ranks of Government employees who had listened to the wireless conversation between Ahmad Hassan and himself. Muhammad Aslam was arrayed as one of the accused and as such he examined him. Abdur Rehman Bhatti deceased was conducting an inquiry against the appellants, Muhammad Aslam in capacity of gunman of D.I.-G. was issued weapon of offence (P.9) vide Exh.P.U., he joined hands in concealing the dead body of Malik Muhammad Ashraf, D.I.-G. till the time they achieved their result to kill Abdur Rehman Bhatti, A.D.I.-G. with weapon (P.9). Muhammad Aslam had shown himself as suspended officer by the D.I.-G. till the achievement of his goal of murdering Abdur Rehman Bhatti, A.D.I.-G. Consequently, finding Aslam liable as conspirator and abettor he was arrested and section 120-B/34, P.P.C. was added. He, thereafter, visited the Police Station Cantt., Bahawalpur where Ahmad Hassan appellant was detained and his formal arrest was made in this case. Rab Nawaz, Constable No.803 produced before him official diary (P.13) of Abdur Rahman Bhatti, A.D.I.-G. bearing entries in his hand till 8-47 p.m. of 10-6-1998. This diary was containing an envelope (P.14) and two anonymous letters P.15/1-2) which were taken into possession vide recovery memo. Exh.P.V. He also took into possession fax messages Exh.P.L., Exh.P.L./1, Exh.P.L./2 and Fxh.P.L./3 vide memo. Exh.P.M. On 26-6-1998 he sent both the appellants to the judicial lock-up and preferred an application before the Judicial Magistrate, Ahmadpur East to summon the accused from judicial custody and record their statements under section 164, Cr.P.C. in case F.I.R. No. 113 of 1998 of the Police Station Channi Goth relating to the murder of Muhammad Ashraf, D.I.-G. The appellants were brought from Bahawalpur Central Jail to the Court of the Judicial Magistrate, Ahmadpur East on 27-6-1998 and their confession under section 164, Cr.P.C. was recorded by Bahadar Ali Khan; Judicial Magistrate with powers of Section 30, Ahmadpur East.

8. On 11-6-1998 Dr. Muhammad Javed Akhtar, Incharge Casualty Department, B. V. Hospital, Bahawalpur (P.W.1) at 2 a.m. conducted the post?mortem examination alongwith other members of the Board on the dead body of Abdur Rahman son of Haji Imam Bakhsh aged 48 years and found the following injuries:-- (1) There was an oval shape wound measuring 1.5 c.m. x 0.6 c.m. x skin deep on the anterior aspect of right upper neck along the angle of mandible. Margins of the wound were inverted. Marked burning present around the wound and abraded collar was present in the wound. (Entry wound). (2) There was an oval shape lacerated wound 1.25 c.m. x 0.8 c.m. x skin deep on the right upper neck. Margins of the wound were averted. (Exit of injury No.l). (3) There was an oval shape wound 0.8 c.m. x 0.6 c.m. x blind deep having inverted margins, on the right side of middle of neck (Continuation of injury No. l). (4) There was a lacerated wound 6 c.m. x 4 c.m. x bone exposed on the posterior aspect of left upper chest 2 c.m. inferior to the nape of neck. Margins of wound were everted (Exit of injury No.3). In the opinion of the doctor injury No.3 which was continuation of injury No. l causing damage of the major neuro vascular bundle of right side of the neck, spinal cord, 4th and 5th cervical vertebrae leading to acute neuro genic and haemorrhagic shock leading to coma and death was sufficient to cause death in ordinary course of life. All the injuries were ante-mortem and caused by fire-arm weapon and were fired at a distance of more than 6 feet. The-probable time between the injuries and death was within fifteen minutes and between death and post-rnortem was less than nine hours.

9. After submission of the challan in the Court the appellants were charged to which they denied, pleaded not guilty and claimed a trial. During the trial the prosecution produced as many as 21 witnesses.

10. Annees-ur-Rehman (P.W.15) and Kifayat Ullah Khan (P, W.16) furnished the ocular testimony whereas Nazar Hussain (P. W .7) and Munir Ahmad (P.W.11) who were working in the office of the D. I.-G., Bahawalpur on various posts, and were present at the time of occurrence, saw Ahmad Hassan appellant moving from the place of occurrence soon after the murder of Abdur Rahman Bhatti. Bahadar Ali Khan (P.W.17), Magistrate Section 30, Ahmadpur East testified the recording of judicial confession made by the appellants under section 164, Cr.P.C. Nazir Ahmad Sohail (P.W.20) and Muhammad Ahmad Khan (P.W.21) conducted the investigation in the case. The Public Prosecutor submitted in evidence the report of the Forensic Expert Exh.P.DD. wherein the Expert had opined that three crime-empties of 7.62 mm bore marked as C.1 to C.3 were fired from the kalashnikov bearing No.56-2-1200124 belonging to Muhammad Aslam appellant but used by Ahmad Hassan appellant. The report of the Serologist Exh.P.EE. opined that the blood taken from the place of occurrence was of human origin. Ahmad Hassan appellant denied the occurrence and stated that his statement under section 164, Cr.P.C. was recorded under coercion. He denied the recoveries of the rifle and the live bullets and in reply to the question as to why the prosecution had set up the case against him and why the prosecution witnesses deposed against him he gave the following lengthy answer:-- "This case was registered against me only due to save the real accused. There was grouping between the employees of D.I.-G. Office, therefore, I have been involved in this case falsely. In fact murder was the result of the internal rivalry of D.I.-G. Office officials. This occurrence was witnessed by all officials of guard at D.I.-G. Office and in order to save their police from the clutches of law I have been made scapegoat in this case. I have appeared before the police at the same day at about 9 a.m. but the police had not shown my arrest till 6-30 a.m. on 11-6-1998. My father Muhammad Hussain had filed a writ petition against D.I.-G., Bahawalpur, S. P. (C. I. A.) and S.P. (Crime Branch), Bahawalpur in the Honourable High Court about my illegal detention . Police showed my arrest on 11-6-1998 at about 6-30 a.m. after receiving the information about the aforesaid writ petition. The P. Ws. are related inter se with the deceased. They are not the residents of the locality nor they are police employees and working at D.I.-G. Office. The complainant and eye-witnesses of this case have been making inquiries about the actual accused. I have been involved in this case falsely. A.D.I.-G. Office had been used as a control crime room where two employees, one S.-I. and one Constable remained on duty round the clock. P.A. to D.I.-G. and telephone attendant Muhammad Ramzan were also present at the time of occurrence, but none of them had been complainant in this case. The dead body of A.D.I.-G. was reportedly to have been brought to hospital in official Vehicle No.BRD/779 driven bY Muhammad Aslam, Constable, guard employees and Rab Nawaz, Reader to A.D.I.-G. The complainant and eye-witnesses are planted, they are unaware of the occurrence. If they had brought the A.D.I.-G. in hospital in a private car their clothes and the car would have been stained with blood. According to P.W. Muhammad Iqbal, Incharge Wireless Staff Control Centre, Bahawalpur A.D.I.-G. was informed by him telephonically regarding the cancellation of tour of D.I.-G. for Rahimyar Khan at about 7-55 p.m. at the residence of A.D.I.-G. which indicates that A.D.I.-G. deceased was present at his residence and complainant and P.Ws. version that they reached at D.I.-G. Office at 8 p.m. seems to be a concocted one. I am innocent and have no concern in this case. "

11. Muhammad Aslam appellant also denied abetment of the murder of the deceased at the hands of Ahmad Hassan by providing his kalashnikov rifle (P.9). He, too, stated that statement under section 164, Cr.P.C. recorded by the Judicial Magistrate, Ahmadpur East was under coercion. He alleged that he was tortured by S.P., C.I.A. Muhammad Ahmad Khan to make confession which was recorded at the Police Station Dera Nawab Sahib and not in the Court of the Magistrate at Ahmadpur East. He admitted that he travelled with-the D.I.-G., Bahawalpur in his car as his gunman, on his tour to Rahimyar Khan on 10-6-1998 which was driven by Ahmad Hassan appellant and in the way he found that the mobile escort travelling behind the car of D.I.-G. was missing. When he disclosed it to D.I.-G. he got annoyed with him and turned him out from the car and suspended him on the way. He stated that he was disarmed and his weapon remained in the car whereupon he boarded the bus and returned to Bahawalpur Police Line and reported his arrival at 10 p.m, The D.I.-G. was also murdered on 10-6-1998 for which a separate case bearing No. 113 of 1998 stood registered. The appellants produced Muhammad Azam (D.W.1) who is younger brother of Muhammad Aslam appellant.

12. Learned counsel appearing for the appellants have taken us through the evidence of the prosecution witnesses, statements of the accused and the solitary witness produced by the appellants and has contended that the eye-witnesses are closely related to the deceased they were not present at the time of the occurrence because of absence of blood on their clothes. The car which took the deceased from his house to the D.I.-G. Office and, thereafter to the hospital was his official car and not his private car, had the same been used its seat covers would have been soaked with blood and should have been produced as incriminating evidence. It was vehemently contended that the confession of the appellants recorded in F.I.R. No.113 of 1998 relating to the murder of Muhammad Ashraf, D.I.-G., Bahawalpur cannot be used as inculpatory evidence in the instant appeal which has arisen out of F.I.R. No.213 of 1998. The recovery of kalashnikov from the car did not tally with the kalashnikov issued to Muhammad Aslam appellant and also denied issuance of any weapon to Muhammad Aslam. On the other hand, the learned counsel for the complainant and the State Counsel have controverted the contentions raised by the counsel for the appellants and in general have supported the convictions and sentences passed by the learned trial Court.

13. We have given our utmost consideration to the arguments addressed before us at the Bar by the learned counsel appearing for the appellants and the complainant and we have also minutely scrutinized the record. We have reached the conclusion after intense deliberation that the prosecution has proved to the hilt its case against the appellants for the murder of Abdur Rahman Bhatti, A.D.I.-G., Bahawalpur. Our reasons for reaching this conclusion are detailed in the ensuing paragraphs.

14. We may at the very outset mention that the murder of Malik Muhammad Ashraf, D. I.-G., Bahawalpur for which F. I. R. No. 113 of 1998 was registered with Police Station Chuni Goth is inextricably linked with the murder of Abdul Rehmatt Bhatti, A.D.I.-G., Bahawalpur arising from F.I.R. No.213 of 1998 registered with Police Station Cantt. Bahawalpur. The murder of Abdur Rehman Bhatti, A.D.I.-G. was sequel of the first murder of Malik Muhammad Ashraf, D.I.-G. and in continuation of the same transaction. It is not denied that Ahmad Hassan was driver and Muhammad Aslam gunman of Malik Muhammad Ashraf deceased D.I.-G. It is also not denied that he was on his way from Bahawalpur on tour to Rahimyar Khan. It is also admitted that he got murdered in the way. In this appeal we are not concerned with the guilt or innocence of the appellants for the murder of D.I.-G. which appeal has been heard separately. However, the two appellants in the instant appeal are also the accused in the murder of the D.I.-G. The dead body of the D.I.-G. was recovered from the car in which he left Bahawalpur on tour to Rahimyar Khan bearing No,.2800/BRD. This car. was driven by Ahmad Hassan who had temerity of sending wireless message at Bahawalpur that the D.I.-G. had cancelled his tour for Rahimyar Khan and was coming back to hold a meeting in his office at Bahawalpur and requires A.D.I.-G. to attend the same. Since this message was heard by the deceased in this case he directed his son with whom he was sitting in uniform after having arrived from his office to take him back in his private car. His son Anis-ur-Rehman accompanied by his friends Kifayat Ullah and Jamil-ur-Rehman took the deceased to the office of the D.I.-G., Bahawalpur where they were sitting in the office waiting for the D.I.-G. to arrive. Ahmad Hassan appellant driving the car of the D.I.-G. arrived and fired a burst of kalashnikov which hit the deceased on his neck when he came out to receive, what he thought would be the D.I.-G., Bahawalpur. The occurrence was witnessed by his son Anis-ur-Rehman and his two friends Kifayat Ullah and Jamil-ur-Rehman. Anis-ur-Rehman and Kifayat Ullah who have appeared as eye?witnesses were the natural witnesses who were present in their house at 7-20 p. m. sitting in the lawn of the house and driving his private car brought, the father to his office on his request. They saw the accused who fired at the deceased. The seat of injuries was vividly described by them which stands corroborated by the medical evidence. Their natural reaction was to pick up the l. injured and immediately take him to the hospital for medical assistance to be rendered. There was nothing strange in his behaviour and is in consonance with natural human conduct being the son of the deceased. The argument of the learned counsel for the appellants that there being no blood on the clothes of Anis-ur-Rehman or his friend Kifayat Ullah proves their absence from the place of occurrence is satisfactorily answered by Anis-ur-Rehman himself, when he stated that he was in a severe state of shock after finding his father being hit with a burst of kalashnikov. It is also possible, rather probable, that the deceased may have been picked up by two persons one holding his feet and the other holding his hands and then slaved on the back seat of the car. In that eventuality the chances of the blood besmearing the clothes of the helpers was very scant. The matter may have been found different if the cross-examiner had asked the witnesses how they put the deceased when he was injured in the car. This question having not been asked absence of blood on the clothes of either Anis-ur-Rehman or Kifayat Ullah cannot be taken as a circumstance to prove that they had not seen the occurrence. As a matter of fact, if we demonstrate in our minds the best way to put a person, in an emergency, in a car; to be taken to the hospital, this would be the easiest and quickest way of transporting him.

15. Anis-ur-Rehman P.W. has also deposed that he heard the message on the wireless being conveyed to his father to reach the D.I.-G. Office immediately. Both the eye-witnesses are totally independent eye-witnesses. No rancour or ill-will has been suggested to them against the appellants. Anis-ur?-Rehman was son of the deceased and Kifayat Ullah was the friend of the son and in. their position it cannot even be surmised that they can have any enmity or bad blood with the appellants. Their evidence is confidence inspiring and despite best efforts no answer has been elicited in their cross-examination to suggest that they were deposing falsely. Anis-ur-Rehman complainant has without any ambiguity stated that when his father went out to receive the D.I.-G. he heard appellant Ahmad Hassan raising Lalkaras that he would teach a lesson of making I complaints against them to the D.I.-G., proves the motive for the commission of the gruesome murders. The contention raised by the defence that for such a small matter. no one would go to the extent of taking life of a person is devoid of force. Human nature knows no limits of callousness and perversity. What an educated person from a pedigree lineage may think to be a trifle can be a source of immense offence to an almost illiterate person not happily placed in life.

16. Nazar Hussain 520/C appearing as P.W.7 stated that he was on guard duty at the office of the D.I.-G. at 9 p.m. when Ahmad Hassan appellant came to the office of the D.I.-G. on official vehicle BRD-2800 and after parking the same he called him to tell that D.I.-G. has directed to call the owner of Broast Shop across the road. When he went on his erraned he heard the noise of fire and ran back to the D. I.-G. office at once and saw the car of the D. I.-G. being driven by Ahmad Hassan appellant who was in police uniform and was crossing the western gate of the office. He saw Abdur Rahman Bhatti, A.D.I.-G. wriggling in pain in the Verandah of his office after receiving injuries and his relatives and other officials of the office gathered around him and, he came to know from the persons at the spot that Ahmad Hassan appellant had fired at Abdur Rahman Bhatti and fled away. Similarly Munir Ahmad P.A. to D.I.-G. while appearing as P.W.11 stated that on 10-6-1998 D.I.-G., Malik Muhammad Ashraf deceased proceeded to Rahimyar Khan in connection with the official tour at about 5-30/5-45 and at about 8 p.m. Abdur Rahman Bhatti, A.D.I.-G. informed him that D.I.-G. has cancelled his tour to Rahimyar Khan and was coming back to Bahawalpur as he has convened a meeting, therefore, the witness was asked to reach the office as well. He obeyed and at about 9 p.m. heard the noise of firing and when he came out of his office he saw Abdur Rahman Bhatti, A.D.I.-G. lying in the Verandah of the office and Ahmad Hassan accused armed with a rifle sat in the official car of D.I.-G. and went awav. The son and nephew of A.D.I.-G. and one other person were shifting Abdur Rahman Bhatti from Verandah in the car in an injured condition. Evidence of P.W.7 and P.W.11 reproduced above is relevant under Article 19 of the Qanun-e-Shahadat Order, , 1984. Article 19 is reproduced for facility of reference:-- "Facts which though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places. (a)??????? A is accused of the murder of B by beating him. Whatever was said or done by A or B or the by-standers at the beating, or, so shortly before or after it as to form part of the transaction, is a relevant fact. "

16. Both these witnesses were employees of the D.I.-G. Office and their presence at that time has been convincingly explained by them. Both of them state that they heard the noise of firing which attracted them to the place of occurrence, where they found Ahmad Hassan appellant armed with a rifle boarding the official vehicle of the D.I.-G. and driving it away. They also saw the son and nephew of the A.D.I.-G. shifting the deceased near the Verandah into a car in an injured condition. Their presence is very much relevant as res gestae being part of the transaction in which the accused came, raised a Lalkara, fired at the deceased, fell him to the ground in the Verandah, thereafter, boarded the vehicle armed with a rifle and drove away from the premises. The testimony of these two witnesses corroborates the ocular account deposed by Anis-ur?Rehman P.W.15 and Kifayat Ullah Khan P.W.16.

17. The investigation in this case partly conducted by Nazir Ahmad Sohail, S.-I./S.H.O. Police Station Cantt., Bahawalpur as P.W.20 who took into possession three crime empties P.7/1-3 vide recovery memo. Exh.P.O. attested by Munir Ahmad, P.A. to D.I.-G. and Rab Nawaz Incharge of the guard. The investigation, later on, was taken over by Muhammad Ahmad Khan, S.P. C.I.A., Bahawalpur, Ahmad Hassan appellant surrendered at the Police Station Cantt., Bahawalpur. He handed over key (P.6) of the official car BRD-2800 which was taken into possession vide recovery memo. Exh.P.H. He led the recovery of kalashnikov (P.9) which was lying in the car and was taken into possession vide memo. Exh.P.R., alongwith the magazine (P.10) containing 26 live bullets and another live bullet recovered from the chamber which was also taken into possession vide the same memo. All these articles were sealed into a parcel, they were sent to the office of the Forensic Expert, who vide his report Exh.P.DD. opined that the empties were wedded to the rifle recovered at the instance of Ahmad Hassan. The learned defence counsel has not criticised this) piece of evidence. Even otherwise the authenticity of the recovery of a fire-arm and the empties cannot be doubted because the evidence of the attesting witness is without taint. This is another piece of corroborative evidence which is gone unshaken.

18. The medical evidence is in absolute conformity with the ocular testimony. The witnesses have vividly described the injuries on the neck and so has the doctor, performing the post-mortem examination, found them. There are four injuries on the person of the deceased, two are entry wounds and two exit wounds which as a matter of fact is the result of burst of fire from the kalashnikov.

19. Bahadar Khan (P. W.17) was serving at the relevant time as Magistrate Section 30, Ahmadpur East and he stated that on 26-6-1998, D.S.P. submitted an application for recording of the statements of Ahmad Hassan and Muhammad Aslam under section 164, Cr.P.C. in case F.I.R. No.113 of 1998 under section 302/34 read with section 120-B, P.P.C. registered with Police Station Chuni Goth. On this application he issued a Robkar to the Superintendent of the Jail for production of the accused and on 27-6-1998 Rao Saleem Akhtar, D.S.P., Ahmadpur East produced both the appellants whose confessional statements were recorded by him which are Exh.P.A. and Exh.P.X respectively. The statements were read over to the accused who appended their signatures on them. The statements were written in the hand of the witness.

20. Learned counsel raised a preliminary objection that the aforesaid statements were recorded in case F.I.R. No. 113 of 1998 relating to the murder case of Malik Muhammad Ashraf, D.I.-G., Bahawalpur and the same cannot be read in the instant case. We have attended to this argument and we find it to be without substance. We have observed in the earlier part of the judgment that both the murders are part of the same transaction and the earlier murder is the sequence to the subsequent murder. Malik Muhammad Ashraf, D.I.-G. was murdered for initiating action against the appellants and Abdur Rahman Bhatti, A.D.I.-G. was murdered for making complaints to the D.I.-G. The motive in both the cases is the same and one murder was committed after the other. Learned counsel wants to make a premium about a highly technical objection. The apex Court has time and again, observed that approach of Courts in this era, of spiralling increase in crime rate; should be dynamic and not static, making every effort to do substantial justice. We brush aside this objection and go ahead to examine the impact of confessional statement. Bahadar Ali Khan, Judicial Magistrate Section 30, Ahmadpur East who recorded the confessional statement has also appeared as a witness in this case as P. W.17 and how the statements become relevant in this case is that part of it relates to the facts of this case. We have gone through the detailed confessional statements made by the appellants and find that all precautions required by law were taken by P.W.17 before recording the statements. Both the appellants gave in detail the motive for committing gruesome murders and the manner in which they perpetrated the F murders of Malik Muhammad Ashraf, D.I.-G. and Abdur Rehman, A.D.I.-G. It is true that the appellants have now retracted from the judicial confession but we are convinced that they had made the confessional statements of their own free will when they were sent to the judicial lock-up on 26-6-1998, and the statements were made on 27-6-1998, knowing fully well that they were going back to the judicial lock-up and were not under duress or coercion to make the statements; the same was not obtained from them by threat or a promise and the manner in which the statements were made before a Judicial Officer who took all essential precautions in recording the same a ring of truth stems from it. This is yet another piece of evidence which corroborates the ocular testimony, recovery of the crime-empty and the medical evidence leading to a firm hypothesis of proven guilt being totally incompatible with their innocence.

21. As far as the role played by Muhammad Aslam is concerned the prosecution has, beyond any shadow of doubt, proved his complicity inasmuch as he has not only misdirected the investigation by alighting from the official vehicle on the plea that he has been suspended by the deceased D.I.-G. whereas nothing of the sort happened and supplied his official rifle to Ahmad Hassan for the commission of the murder of A.D.I.-G. Muhammad Aslam was the gunman of late D.I.-G. and admits to have accompanied him in the official vehicle on tour to Rahim Yar Khan. He also admits in his written statement recorded under section 342, Cr.P.C. that he was disarmed when the late D.I.-G., suspended him, and his weapon remained in the car. Muhammad Ahmad Khan, S.P. C.I.A., Bahawalpur while appearing as P.W.1 stated that Muhammad Aslam misled the Investigating Officer by saying that he was turned out by the D.I.-G. from the car after suspension. There is neither any order of suspension in writing by the D.I.-G. nor was any order communicated on the wireless suspending the gunman Muhammad Aslam by the D.I.-G., when he was alive. ?Both the appellants have highlighted in their confessional statements that this Drama of Muhammad Aslam getting down from the vehicle was staged to help the relative of Ahmad Hassan because Ahmad Hassan was going to take the complete brunt of the murders on himself. Muhammad Aslam was instrumental in transferring the dead body of D.I.-G. from the car to the boot. He was actively hand in glove with the subsequent murder of the A.D.I.-G. by supplying his official weapon to Ahmad Hassan. It has been proved on record that the weapon was issued to Muhammad Aslam as gunman of the late D.L-G. The objection taken by his defence counsel that the gun issued in papers was not the one which he carried while going with the D.I.-G. on tour to Rahimyar Khan is, too weak, even to be adverted to. Resultantly we have no hesitation to dismiss the appeals of the appellants and maintain the conviction and sentence recorded by the learned trial Court vide its judgment, dated 25-3-1999. The Murder Reference sent to us is answered in the affirmative. Death sentence awarded to Ahmad Hassan appellant is confirmed. N.H.Q./M-1064/L?????????????????????????????????????????????????????????????????????????????? Appeal dismissed.