Law: Penal Code (XLV of 1860)

Section: 302/449

Penal Code (XLV of 1860) Ss. 302/449 Appreciation of evidence Accused was alleged to have committed triple murder, his wife and two others, who allegedly had illicit relations with his deceased wife Accused had pleaded grave and sudden provocation in murdering the deceased Accused alleged that he murdered the persons when he saw two male accused alongwith his wife in his own house Prosecution story was that the accused had killed the three deceased in the same succession at different places due to suspicion of illicit relations with his deceased wife with two male deceased Eye witnesses had denied plea of the accused that it was a sudden occurrence and had supported the prosecution story Medical evidence also had provided strong corroboration to the eye witness account Accused had not produced any witness from the vicinity in support of his version that two male deceased were murdered by him alongwith his wife in his house Accused had not pleaded the version of grave and sudden provocation before the police and he had also not made any effort to bring on record his said version at any stage during the investigation and he, for the first time at the trial, had introduced his version in the light of the motive suggested by the prosecution ¬Accused, in circumstances, had failed to prove grave and sudden provocation and it had been proved that the occurrence was premeditated due to the element of grudge and revenge Family honour of the accused though was involved in the case, but there was no justification to kill the three deceased simply on the basis of mere suspicion Occurrence relating to the murder of the wife of the accused was unseen and it came to the knowledge of the neighbours after she was killed by the accused in his house What prompted accused to kill his wife was not known, and therefore, to the extent of the murder of wife of the accused, extreme penalty of death was reduced to imprisonment for life but he would not deserve any leniency in the matter of sentence for murder of other two deceased. Ch. Muhammad Iqbal for Appellant. Syed Sajjad Hussain Shah, A.A. G. for the State. Date of hearing: 22nd May, 2001. JUDGMENT MUHAMMAD NAWAZ ABBASI, J. The…

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