Law: Pakistan Penal Code, 1860

Section: 302(b),306(c),324

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 324---Qatl-e-amd and attempt to commit qatl-e-amd---Appreciation of evidence---Principle---Reliable ocular evidence has to be given preference over any other kind of corroborative evidence. (b) Penal Code (XLV of 1860)--- ----Ss.302(b), 324 & 306(c)---Qalt-e-amd and attempt to commit qatl-e- amd---Appreciation of evidence---Accused had been indicted for the murder of his wife and causing injuries to his daughter---Ocular evidence had been corroborated by medical evidence as well as recovery of "Chhuri" at the behest of accused found to have been stained with human blood---Ocular evidence worth reliance had to be given preference over other evidence corroboratory in nature---Accused had not refuted the claim of his injured daughter that she had been injured by her father during the occurrence---Motive for the occurrence had been proved against accused---Place of incident being road side, defence plea of the wife of the accused having been murdered by some unknown person at midnight, did not appeal to reason---Accused had neither reported the matter to the police, nor did he take such plea in his statement---Guilt of accused, thus, had been proved beyond any doubt---Accused having been convicted and sentenced as Tazir", S. 306(c), P.P.C. was not attracted in the case, as the same was applicable only in case of "Qisas"---Accused had committed gruesome murder of his wife in a callous manner and also inflicted five "churri" blows on his innocent daughter and he did not deserve any leniency in his sentence---Convictions and sentences of accused were upheld in circumstances. Muhammad Akram v. The State 2003 SCMR 855 and Sami Ullah and another v. Jamil Ahmad and another 2008 SCMR 1623 ref. (c) Penal Code (XLV of 1860)--- ----S.306(c)---Qatl-e-amd not liable to qisas---Scope---Section 306(c), P.P.C. is attracted only in cases where conviction and sentence are awarded as Qisas. Muhammad Akram v. The State 2003 SCMR 855 and Sami Ullah and another v. Jamil Ahmad and another 2008 SCMR 1623 ref. THIS JUDGMENT DELIVERED BY: SH. NAJAM UL HASAN, J.--- Murder Reference No. 291 of 2005 submitted by the learned trial Court…

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