Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Alteration of sentence of death to imprisonment for life---Accused killed 7 members of his family, including his father, mother, 3 sisters and 2 brothers---Dead bodies of 7 persons, were buried by accused in the storeroom of the house underneath the floor where accused along with his family members resided---Silence of accused for so long a period, and false explanation in respect of absence of his family members, heavily militated against his bald denial---Sufficient evidence, saddled accused with the exclusive knowledge of the presence of dead bodies inside the house, he lived; and his disclosure leading to recovery thereof---Memo reflected seizure of dead bodies from the place pointed out by accused---Contention of accused that absence of recovery memo of dead bodies, adversely affected the prosecution's case had no force---Prosecution had also successfully proved that accused, presented a woman, who impersonated herself to be his mother for the execution of Power of Attorney in his name, on the basis whereof he sold residential house---Such circumstance heavily reflected intention and motive of accused---Nothing was on record to suggest as to why real uncle of accused and Police Officials would implicate accused in an incident about which they were clueless---Statements of prosecution witnesses left no space to entertain any doubt regarding culpability of accused---Recovery of hammer and bughda, coupled with the findings of Medical Officers regarding nature of weapons used in the occurrence, had provided corroborative support of the prosecution's case---Prosecution having proved its case to the hilt, beyond a shadow of doubt, conviction of accused on all counts was maintained---Sentences of death awarded to accused were altered to imprisonment for life on each count with benefit of S.382-B, Cr.P.C.---Fine and compensation imposed, was kept intact---Sentences would run concurrently. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:----------- Criminal Appeal No.7 of 2008 is clubbed with Capital Sentence Reference No.1 of 2008 that arise out of Case/FIR No.306…

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