Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302(a)--- Qatl-i-amd--- Appreciation of evidence--- Sentence, reduction in---Accused was alleged to have murdered his wife and daughter-in-law by inflicting Churri/knife injuries on their bodies---Evidence of the prosecution witnesses was consistent on all the material points, that were date, time and place of occurrence and dead bodies lying in the flat of the accused and arrest of the accused while he was having Churries in his hands and wearing bloodstained clothes---Independent witness, neighbour of the accused, was also available, who had fully supported the prosecution version, and being natural witness, his evidence was confidence inspiring---Medical evidence had also corroborated the complainant's version as well as that of the prosecution witnesses---Defence had failed to show as to why two real sons would depose against their real father in the double murder case---Mere relationship of the prosecution witnesses with the deceased was no criteria to discard their testimony, and they could not be termed as the interested witnesses in absence of any motive for falsely implicating the accused---Complainant, in his statement under S. 154, Cr.P.C. had categorically stated that the accused had committed murder of the deceased on account of suspicion---Existence of motive was not necessary for determining and awarding adequate sentence to a accused involved in capital offence---Factors such as motive, advanced age of the accused, his sick health, etc. were not convincing enough to set aside the conviction of the accused; however, the same could be taken into consideration while determining the quantum of sentence---In the present case, the motive remained shrouded in mystery, and what had happened immediately before the incident was not certain---Accused had mentioned in his statement under S. 342, Cr.P.C. that he was 77 years of age and suffering from various diseases, which had not been controverted by the State counsel---Said factors were regarded as mitigating circumstances for lesser penalty---Single stance providing mitigating or extenuating circumstance would be sufficient to award lesser punishment---Minor…

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